Common use of PRE-CONSTRUCTION ACTIVITIES Clause in Contracts

PRE-CONSTRUCTION ACTIVITIES. (a) Prior to Tenant’s commencement of the Work, Tenant shall submit the following information and items to Landlord for Landlord’s review and approval: (i) The names and addresses of Tenant’s contractors (and said contractor’s subcontractors) and materialmen to be engaged by Tenant for the Work (individually, a “Tenant Contractor,” and collectively, “Tenant’s Contractors”). Landlord has the right to reasonably approve or disapprove all or any one or more of Tenant’s Contractors. Landlord may, at its election, designate a list of approved contractors for performance of those portions of work involving electrical, mechanical, plumbing, heating, air conditioning or life safety systems, from which Tenant must select its contractors for such designated portions of work. (ii) Certificates of insurance as hereinafter described. Tenant shall not permit Tenant’s Contractors to commence work until the required insurance has been obtained and certified copies of policies or certificates have been delivered to Landlord. (iii) The Plans (as hereinafter defined) for the Work, which Plans shall be subject to Landlord’s approval in accordance with Section 4(b) below. Tenant will update such information and items by notice to Landlord of any changes. (b) As used herein the term “Approved Plans” shall mean the Plans (as hereinafter defined), as and when approved in writing by Landlord. As used herein, the term “Plans” shall mean the full and detailed architectural and engineering plans and specifications covering the Work (including, without limitation, architectural, mechanical and electrical working drawings for the Work). The Plans shall be subject to Landlord’s approval and the approval of all local governmental authorities requiring approval of the work and/or the Approved Plan. Landlord shall give its approval or disapproval (giving general reasons in case of disapproval) of the Plans within ten (10) business days after their delivery to Landlord. Landlord agrees not to unreasonably withhold its approval of said Plans; provided, however, that Landlord shall not be deemed to have acted unreasonably if it withholds its approval of the Plans because, in Landlord’s reasonable opinion: the Work as shown in the Plans is likely to adversely affect Building systems, the structure of the Building or the safety of the Building and/or its occupants; the Work as shown on the Plans might impair Landlord’s ability to furnish services to Tenant or other tenants; the Work would increase the cost of operating the Building; the Work would violate any governmental laws, rules or ordinances (or interpretations thereof); the Work contains or uses hazardous or toxic materials or substances which are not customarily used in the building trade; the Work would adversely affect the appearance of the Building; the Work might materially adversely affect another tenant’s premises; or the Work is prohibited by any mortgage or trust deed encumbering the Building. The foregoing reasons, however, shall not be exclusive of the reasons, for which Landlord may withhold consent, whether or not such other reasons are similar or dissimilar to the foregoing. If Landlord notifies Tenant that changes are required to the final Plans submitted by Tenant, Tenant shall submit to Landlord, for its approval, the Plans amended in accordance with the changes so required. The Plans shall also be revised, and the Work shall be changed, all at Tenant’s cost and expense, to incorporate any work required in the Premises by any local governmental field inspector. Landlord’s approval of the Plans shall in no way be deemed to be (i) an acceptance or approval of any element therein contained which is in violation of any applicable laws, ordinances, regulations or other governmental requirements, or (ii) an assurance that work done pursuant to the Approved Plans will comply with all applicable laws (or with the interpretations thereof) or satisfy Tenant’s objectives and needs.

Appears in 3 contracts

Samples: Office Lease (Arcadia Biosciences, Inc.), Office Lease (Arcadia Biosciences, Inc.), Office Lease (Arcadia Biosciences, Inc.)

AutoNDA by SimpleDocs

PRE-CONSTRUCTION ACTIVITIES. (a) Prior to Tenantcommencement of demolition and the Work, Tenant shall submit the Plans (as hereinafter defined) for the Work, which Plans and the Budget (as hereinafter defined) shall be subject to Landlord’s approval in accordance with Paragraph 3(b) below. Prior to commencement of the Work, Tenant shall also submit the following information and items to Landlord for Landlord’s review and approval:, which approval shall not be unreasonably withheld or delayed; (i) A detailed construction schedule containing the major components of the Work and the time required for each, including the scheduled commencement date of construction of the Work, milestone dates and the estimated date of completion of construction. (ii) A budget (“Budget”) and an itemized statement of estimated design, planning, construction and other costs (as such figure may be revised to reflect actual costs, the “Costs”), including, without limitation, demolition construction, cabling, and all soft costs and all fees for permits and architectural and engineering fees. (iii) The names and addresses of Tenant’s contractors (and said contractor’s subcontractors) and materialmen to be engaged by Tenant for the Work (individually, a “Tenant Contractor,” and collectively, “Tenant’s Contractors”). Landlord has the right to reasonably approve or disapprove all or any one anyone or more of Tenant’s Contractors, which approval shall not be unreasonably withheld or delayed. Landlord may, at its election, designate provide a list of approved contractors for performance of those portions of work involving electrical, mechanical, plumbing, heating, air conditioning or life safety systems, from which Tenant must may, but shall not be obligated to, select its contractors for such designated portions of workWork. (iiiv) Certificates Certified copies of insurance policies or certificates of insurance as hereinafter described. Tenant shall not permit Tenant’s Contractors to commence work until the required insurance has been obtained and certified copies of policies or certificates have been delivered to Landlord. (iii) The Plans (as hereinafter defined) for the Work, which Plans shall be subject to Landlord’s approval in accordance with Section 4(b) below. Tenant will update such information and items by notice to Landlord of any changes. (b) As used herein the term “Approved Plans” shall mean the Plans (as hereinafter defined), as and when approved in writing by LandlordLandlord pursuant to this paragraph. As used herein, the term “Plans” shall mean the full and detailed architectural and engineering plans and specifications covering the Work (including, without limitation, all items for which the Landlord’s Contribution is to be used and all architectural, mechanical and electrical electrical, working drawings for the Work). The Plans shall be subject to Landlord’s approval and the approval of all local governmental authorities requiring approval of the work Work and/or the Approved PlanPlans. Landlord shall give its approval or disapproval (giving general detailed reasons in case of disapproval) of the Plans within ten five (105) business days after their delivery to Landlord. Landlord agrees not to unreasonably withhold its approval of said Plans; provided, however, that Landlord shall not be deemed to have acted unreasonably if it withholds its approval of the Plans because, in Landlord’s reasonable opinion: the Work as shown in the Plans is likely to adversely affect Building systems, the structure of the Building or the safety of the Building and/or its occupants; the Work as shown on the Plans might impair Landlord’s ability to furnish services to Tenant or other tenants; the Work would increase the cost of operating the Building; the Work would violate any governmental laws, rules or ordinances (or interpretations thereof); the Work contains or uses hazardous or toxic materials or substances which are not customarily used in the building tradesubstances; the Work would adversely affect the appearance of the Building; the Work might materially adversely affect another tenant’s premises; the Work does not conform to the then current building standards established by Landlord; or the Work is prohibited by any mortgage or trust deed encumbering the Building. The foregoing reasons, however, shall not be exclusive of the reasons, reasons for which Landlord may withhold consent, whether or not such other reasons are similar or dissimilar to the foregoing. If Landlord notifies Tenant that changes are required to the final Plans submitted by Tenant, Tenant shall prior to commencement of any Work, submit to Landlord, for its approval, the Plans amended in accordance with the changes so required. Landlord shall respond to Tenant’s submission of such amended Plans within five (5) business days of receipt, it being agreed that Landlord’s approval thereto shall be limited to those items to which Landlord had objected pursuant to the prior submission of the Plans. Such procedure for review with respect to any further objections to the Plans by Landlord shall continue until the Plans are finally approved by Landlord. The Plans shall also be revised, and the Work shall be changed, all at Tenant’s cost and expenseexpense (but payable from Landlord’s Contribution), to incorporate any work required in the Premises by any local governmental field inspector. Landlord’s approval of the Plans shall in no way be deemed to be (i) an acceptance or approval of any element therein contained which is in violation of any applicable laws, ordinances, regulations or other governmental requirements, or (ii) an assurance that work done pursuant to the Approved Plans will comply with all applicable laws (or with the interpretations thereof) or satisfy Tenant’s objectives and needs.

Appears in 2 contracts

Samples: Lease (Federal Home Loan Bank of Chicago), Lease (Federal Home Loan Bank of Chicago)

PRE-CONSTRUCTION ACTIVITIES. (a) Prior to Tenant’s commencement of On or before Tenant commences any work in the WorkPremises, Tenant shall submit the following information and items to Landlord for Landlord’s 's review and approval: (i) The names and addresses Certified copies of Tenant’s contractors (and said contractor’s subcontractors) and materialmen to be engaged by Tenant for the Work (individually, a “Tenant Contractor,” and collectively, “Tenant’s Contractors”). Landlord has the right to reasonably approve insurance policies or disapprove all or any one or more of Tenant’s Contractors. Landlord may, at its election, designate a list of approved contractors for performance of those portions of work involving electrical, mechanical, plumbing, heating, air conditioning or life safety systems, from which Tenant must select its contractors for such designated portions of work. (ii) Certificates certificates of insurance as hereinafter described. Tenant shall not permit the Contractor or any of Tenant’s Contractors to commence work until the required insurance has been obtained and certified copies of policies of insurance or certificates thereof have been delivered to Landlord. (iiiii) The Plans (as hereinafter defineddefined below) for the WorkTenant Improvements, which Plans shall be subject to Landlord’s 's approval in accordance with Section 4(bParagraph 2(b) below. (iii) All necessary building permits have been applied for and obtained by Tenant. Tenant will update such information and items by written notice to Landlord of any changes. (b) As used herein the term “Approved Plans” shall mean the Plans (as hereinafter defineddefined below), as and when approved in writing by Landlord. As used herein, the term “Plans” shall mean the full and detailed architectural and engineering plans and specifications covering the Work Tenant Improvements (including, without limitation, architectural, mechanical and electrical working drawings for the WorkTenant Improvements). The Plans shall be subject to Landlord’s 's approval and the approval of all local governmental authorities requiring approval of the work and/or Tenant Improvements and the Approved Plan. Landlord shall give its approval or disapproval (giving general reasons in case of disapproval) of the Plans within ten (10) business days after their delivery to LandlordPlans. Landlord agrees not to unreasonably withhold withhold, delay or condition its approval of said Plans; provided, however, that Landlord shall not be deemed Plans and to have acted unreasonably if it withholds its approval of provide with reasonable specificity the Plans because, in Landlord’s reasonable opinion: the Work as shown in the Plans is likely to adversely affect Building systems, the structure of the Building or the safety of the Building and/or its occupants; the Work as shown on the Plans might impair Landlord’s ability to furnish services to Tenant or other tenants; the Work would increase the cost of operating the Building; the Work would violate basis for any governmental laws, rules or ordinances (or interpretations thereof); the Work contains or uses hazardous or toxic materials or substances which are not customarily used in the building trade; the Work would adversely affect the appearance of the Building; the Work might materially adversely affect another tenant’s premises; or the Work is prohibited by any mortgage or trust deed encumbering the Building. The foregoing reasons, however, shall not be exclusive of the reasons, for which Landlord may withhold consent, whether or not such other reasons are similar or dissimilar to the foregoingdisapproval. If Landlord notifies Tenant that changes are required to the final Plans submitted by Tenant, Tenant shall submit to Landlord, for its approval, the Plans amended in accordance with the changes so required. The Plans shall also be revised, and the Work Tenant Improvements shall be changed, all at Tenant’s 's cost and expense, to incorporate any work required in the Premises by any local governmental field inspector. Landlord’s 's approval of the Plans shall in no way be deemed to be (ix) an acceptance or approval of any element therein contained which is in violation of any applicable laws, ordinances, regulations or other governmental requirements, or (iiy) an assurance that work done pursuant to the Approved Plans will comply with all applicable laws law (or with the interpretations thereof) or satisfy Tenant’s 's objectives and needs.

Appears in 2 contracts

Samples: Industrial Building Lease (United Natural Foods Inc), Industrial Building Lease (United Natural Foods Inc)

PRE-CONSTRUCTION ACTIVITIES. (a) On or before June 1, 2001, but in no event later than commencement of demolition and the Work, Tenant shall submit the Plans (as hereinafter defined) for the Work, which Plans and the Budget (as hereinafter defined) shall be subject to Landlord’s approval in accordance with Paragraph 3(b) below. Prior to Tenant’s commencement of the Work, Tenant shall submit the following information and items to Landlord for Landlord’s review and approval, which approval shall not be unreasonably withheld or delayed: (i) A detailed construction schedule containing the major components of the Work and the time required for each, including the scheduled commencement date of construction of the Work, milestone dates and the estimated date of completion of construction. (ii) A budget (the “Budget”) and an itemized statement of estimated design, planning, construction and other costs (as such figure may be revised to reflect actual costs, the “Costs”), including, without limitation, demolition construction, cabling, and all soft costs and all fees for permits and architectural and engineering fees. (iii) The names and addresses of Tenant’s contractors (and said contractor’s contractors subcontractors) and materialmen to be engaged by Tenant for the Work (individually, a “Tenant Contractor,” and collectively, “Tenant’s Contractors”). Landlord has the right to reasonably approve or disapprove all or any one or more of Tenant’s Contractors, which approval shall not be unreasonably withheld or delayed. Landlord may, at its election, designate provide a list of approved contractors for performance of those portions of work involving electrical, mechanical, plumbing, heating, air conditioning or life safety systems, from which Tenant must may, but shall not be obligated to, select its contractors for such designated portions of workWork. (iiiv) Certificates Certified copies of insurance policies or certificates of insurance as hereinafter described. Tenant shall not permit Tenant’s Contractors to commence work until the required insurance has been obtained and certified copies of policies or certificates have been delivered to Landlord. (iii) The Plans (as hereinafter defined) for the Work, which Plans shall be subject to Landlord’s approval in accordance with Section 4(b) below. Tenant will update such information and items by notice to Landlord of any changes. (b) As used herein the term “Approved Plans” shall mean the Plans (as hereinafter defined), as and when approved in writing by LandlordLandlord pursuant to this paragraph. As used herein, the term “Plans” shall mean the full and detailed architectural and engineering plans and specifications covering the Work (including, without limitation, all items for which the Landlord’s Contribution is to be used and all architectural, mechanical and electrical working drawings for the Work). The Plans shall be subject to Landlord’s approval and the approval of all local governmental authorities requiring approval of the work Work and/or the Approved PlanPlans. Landlord shall give its approval or disapproval (giving general detailed reasons in case of disapproval) of the Plans within ten five (105) business days after their delivery to Landlord. Landlord agrees not to unreasonably withhold its approval of said Plans; provided, however, that Landlord shall not be deemed to have acted unreasonably if it withholds its approval of the Plans because, in Landlord’s reasonable opinion: the Work as shown in the Plans is likely to adversely affect Building systems, the structure of the Building or the safety of the Building and/or its occupants; the Work as shown on the Plans might impair Landlord’s ability to furnish services to Tenant or other tenants; the Work would increase the cost of operating the Building; the Work would violate any governmental laws, rules or ordinances (or interpretations thereof); the Work contains or uses hazardous or toxic materials or substances which are not customarily used in the building tradesubstances; the Work would adversely affect the appearance of the Building; the Work might materially adversely affect another tenant’s premises; the Work does not conform to the then current building standards established by Landlord; or the Work is prohibited by any mortgage or trust deed encumbering the Building. The foregoing reasons, however, shall not be exclusive of the reasons, reasons for which Landlord may withhold consent, whether or not such other reasons are similar or dissimilar to the foregoing. If Landlord notifies Tenant that changes are required to the final Plans submitted by Tenant, Tenant shall submit to Landlord, for its approval, the Plans amended in accordance with the changes so required, which approval shall be subject to the terms of this paragraph. The Plans shall also be revised, and the Work shall be changed, all at Tenant’s cost and expenseexpense (but payable from Landlord’s Contribution), to incorporate any work required in the Premises by any local governmental field inspector. Landlord’s approval of the Plans shall in no way be deemed to be (i) an acceptance or approval of any element therein contained which is in violation of any applicable laws, ordinances, regulations or other governmental requirements, or (ii) an assurance that work done pursuant to the Approved Plans will comply with all applicable laws (or with the interpretations thereof) or satisfy Tenant’s objectives and needs.

Appears in 2 contracts

Samples: Lease (Federal Home Loan Bank of Chicago), Lease (Federal Home Loan Bank of Chicago)

PRE-CONSTRUCTION ACTIVITIES. (a) Prior to Tenant’s commencement of On or before Tenant commences any work in the WorkPremises, Tenant shall submit the following information and items to Landlord for Landlord’s 's review and approval: (i) The names and addresses Certified copies of Tenant’s contractors (and said contractor’s subcontractors) and materialmen to be engaged by Tenant for the Work (individually, a “Tenant Contractor,” and collectively, “Tenant’s Contractors”). Landlord has the right to reasonably approve insurance policies or disapprove all or any one or more of Tenant’s Contractors. Landlord may, at its election, designate a list of approved contractors for performance of those portions of work involving electrical, mechanical, plumbing, heating, air conditioning or life safety systems, from which Tenant must select its contractors for such designated portions of work. (ii) Certificates of certificates Qf insurance as hereinafter described. Tenant shall not permit the Contractor or any of Tenant’s 's Contractors to commence work until the required insurance has been obtained and certified copies of policies of insurance or certificates thereof have been delivered to Landlord.. I (iiiii) The Plans (as hereinafter defineddefined below) for the WorkTenant Improvements, which Plans shall be subject to Landlord’s 's approval in accordance with Section 4(bParagraph 2(b) below. (iii) All necessary building permits have been applied for and obtained by Tenant. (iv) Proper provision has been made by Tenant for payment in full of the total cost of the Tenant Improvements, which is satisfactory to Landlord. Tenant will update such information and items by written notice to Landlord of any changes. (b) As used herein the term "Approved Plans" shall mean the Plans (as hereinafter defineddefined below), as and when approved in writing by Landlord. As used herein, the term "Plans" shall mean the full and detailed architectural and engineering plans and specifications covering the Work Tenant Improvements (including, without limitation, architectural, mechanical and electrical working drawings for the WorkTenant Improvements). The Plans shall be subject to Landlord’s 's approval and the approval of all local loc governmental authorities requiring approval of the work and/or Tenant Improvements and the Approved Plan. Landlord shall give its approval or disapproval (giving general reasons in case of disapproval) of the Plans within ten (10) business days after their delivery to LandlordPlans. Landlord agrees not to unreasonably withhold its approval of said Plans; provided, however, that Landlord shall not be deemed to have acted unreasonably if it withholds its approval of the Plans because, in Landlord’s reasonable opinion: the Work as shown in the Plans is likely to adversely affect Building systems, the structure of the Building or the safety of the Building and/or its occupants; the Work as shown on the Plans might impair Landlord’s ability to furnish services to Tenant or other tenants; the Work would increase the cost of operating the Building; the Work would violate any governmental laws, rules or ordinances (or interpretations thereof); the Work contains or uses hazardous or toxic materials or substances which are not customarily used in the building trade; the Work would adversely affect the appearance of the Building; the Work might materially adversely affect another tenant’s premises; or the Work is prohibited by any mortgage or trust deed encumbering the Building. The foregoing reasons, however, shall not be exclusive of the reasons, for which Landlord may withhold consent, whether or not such other reasons are similar or dissimilar to the foregoing. If Landlord notifies Tenant that changes are required to the final Plans submitted by Tenant, Tenant shall should submit to Landlord, for its approval, the Plans amended in accordance with the changes change so required. The Plans shall also be revised, and the Work Tenant Improvements shall be changed, all at Tenant’s 's cost and expense, to incorporate any work required in the Premises by any local governmental field inspector. Landlord’s 's approval of the Plans shall in no way be deemed to be (ix) an acceptance or approval of any element therein contained which is in violation of any applicable laws, ordinances, regulations or other governmental requirements, or (iiy) an assurance that work done pursuant to the Approved Plans will comply with all applicable laws law (or with the interpretations thereof) or satisfy Tenant’s 's objectives and needs.

Appears in 2 contracts

Samples: Industrial Building Lease (Natural Golf Corp), Industrial Building Lease (Natural Golf Corp)

PRE-CONSTRUCTION ACTIVITIES. (a) Prior to Tenant’s commencement of the Work, Tenant shall submit the following information and items to Landlord for Landlord’s review and approval: (i) The names and addresses of Tenant’s contractors (and said contractor’s subcontractors) and materialmen to be engaged by Tenant for the Work (individually, a “Tenant Contractor,” and collectively, “Tenant’s Contractors”). Landlord has the right to reasonably approve or disapprove all or any one or more of Tenant’s Contractors. Landlord may, at its election, designate a list of approved contractors for performance of those portions of work involving electrical, mechanical, plumbing, heating, air conditioning or life safety systems, from which Tenant must select its contractors for such designated portions of work. (ii) Certificates of insurance as hereinafter described. Tenant shall not permit Tenant’s Contractors to commence work until the required insurance has been obtained and certified copies of policies or certificates have been delivered to Landlord. (iii) The Plans (as hereinafter defined) for the Work, which Plans shall be subject to Landlord’s approval in accordance with Section 4(b) below. Tenant will update such information and items by notice to Landlord of any changes. (b) As used herein the term “Approved Plans” shall mean the Plans (as hereinafter defined), as and when approved in writing by Landlord. As used herein, the term “Plans” shall mean the full and detailed architectural and engineering plans and specifications covering the Work (including, without limitation, architectural, mechanical and electrical working drawings for the Work). The Plans shall be subject to Landlord’s approval and the approval of all local governmental authorities requiring approval of the work and/or the Approved Plan. Landlord shall give its approval or disapproval (giving general reasons in case of disapproval) of the Plans within ten (10) business days after their delivery to Landlord. Landlord agrees not to unreasonably withhold its approval of said Plans; provided, however, that Landlord shall not be deemed to have acted unreasonably if it withholds its approval of the Plans because, in Landlord’s reasonable opinion: the Work as shown in the Plans is likely to adversely affect Building systems, the structure of the Building or the safety of the Building and/or its occupants; the Work as shown on the Plans might impair Landlord’s ability to furnish services to Tenant or other tenants; the Work would increase the cost of operating the Building; the Work would violate any governmental laws, rules or ordinances (or interpretations thereof); the Work contains or uses hazardous or toxic materials or substances which are not customarily used in the building trade; the Work would adversely affect the appearance of the Building; the Work might materially adversely affect another tenant’s premises; or the Work is prohibited by any mortgage or trust deed encumbering the Building. The foregoing reasons, however, shall not be exclusive of the reasons, reasons for which Landlord may withhold consent, whether or not such other reasons are similar or dissimilar to the foregoing. If Landlord notifies Tenant that changes are required to the final Plans submitted by Tenant, Tenant shall submit to Landlord, for its approval, the Plans amended in accordance with the changes so required. The Plans shall also be revised, and the Work shall be changed, all at Tenant’s cost and expense, to incorporate any work required in the Premises by any local governmental field inspector. Landlord’s approval of the Plans shall in no way be deemed to be (i) an acceptance or approval of any element therein contained which is in violation of any applicable laws, ordinances, regulations or other governmental requirements, or (ii) an assurance that work done pursuant to the Approved Plans will comply with all applicable laws (or with the interpretations thereof) or satisfy Tenant’s objectives and needs.

Appears in 2 contracts

Samples: Office Lease (Arcadia Biosciences, Inc.), Office Lease (Arcadia Biosciences, Inc.)

PRE-CONSTRUCTION ACTIVITIES. (a) Prior to commencing Tenant’s commencement construction of the WorkLeasehold Improvements, Tenant shall submit the following information and items to Landlord for Landlord’s review and approval: (i) An estimated construction schedule including the scheduled commencement date of construction of the Leasehold Improvements, milestone dates and the estimated date of completion of construction. (ii) An itemized statement of estimated construction costs, including permits and architectural and engineering fees. (iii) The names and addresses of Tenant’s contractors (and said the Tenant’s contractor’s subcontractorssubcontractors and vendors) and materialmen to be engaged by Tenant for the Work Leasehold Improvements (individually, a “Tenant Contractor,” and collectively, “Tenant’s Contractors”). Landlord has the right to reasonably approve or disapprove all or any one or more of Tenant’s Contractors. Landlord may, at its election, designate a list of approved contractors for performance of those portions of work involving electrical, mechanical, plumbing, heating, air conditioning or life safety systems, from which Tenant must select its contractors for such designated portions of work. (iiiv) Certificates The name and address of the architect to be engaged by Tenant for the Leasehold Improvements (“Tenant’s Architect”), and Tenant’s Architect’s written statement that Tenant’s Architect has visited the site, reviewed existing conditions as such conditions affect the Plans and construction of the Leasehold Improvements. Landlord has the right to reasonably approve or disapprove Tenant’s Architect. Landlord hereby approves Xxxxxx Xxxx Architects as Tenant’s Architect. (v) Copies of insurance certificates or binders of insurance as hereinafter described. Tenant shall not permit Tenant’s Contractors to commence work until the required insurance has been obtained and certified copies of policies or certificates have verification has been delivered to Landlord. (iiivi) The Plans (as hereinafter defined) for the WorkLeasehold Improvements, which Plans shall be subject to Landlord’s reasonable approval in accordance with Section 4(bParagraph 3(b) below. Tenant will update such information and items by notice to Landlord of any material changes. Tenant may supply the items called for in (a)(i) through (a)(iii) and (a)(vi) above in phases, as necessary to accommodate the phased commencement and/or completion of the Leasehold Improvements. For example, Tenant may submit Plans for demolition of existing Premises Improvements and, upon landlord’s approval thereof and issuance of necessary permits, Tenant may commence demolition work despite the fact that Landlord has not yet approved Tenant’s Plans for the Leasehold Improvements. (b) As used herein the term “Approved Plans” shall mean the Plans (as hereinafter defined), as and when approved in writing by Landlord. As used herein, the term “Plans” shall mean the full and detailed construction drawings, architectural and engineering plans and specifications covering the Work Leasehold Improvements (including, without limitation, architectural, mechanical mechanical, electrical, life safety, fire protection and electrical plumbing working drawings for the WorkLeasehold Improvements). Subject to Landlord’s Contribution, Tenant shall pay all costs and expenses of preparing the Plans, but in no case shall Tenant be obligated to supply greater detail in its Plans than that required by governmental authorities and contractors. The Plans shall be subject to Landlord’s reasonable approval and the approval of all local governmental authorities requiring approval of the work and/or the Approved Planapproval, if any. Landlord shall give its approval or disapproval (giving general reasons in case of disapproval) of the Plans within ten seven (107) business days after their delivery to Landlord. If Landlord does not respond within such seven (7) day period, Landlord’s approval shall be deemed given. Landlord agrees not to unreasonably withhold its approval of said Plans; provided, however, that Landlord shall not be deemed to have acted unreasonably if it withholds its approval of the Plans consent because, in Landlord’s reasonable opinion: (i) the Work as shown in the Plans is Leasehold Improvements are likely to adversely affect Building systems, the structure of the Building or the safety of the Building and/or its occupantsBuilding; (ii) the Work as shown on the Plans might impair Leasehold Improvements would adversely affect Landlord’s ability to furnish services to Tenant or other tenants; (iii) the Work would increase the cost of operating the Building; the Work Leasehold Improvements would violate any governmental laws, rules or ordinances ordinances; (iv) the Leasehold Improvements contain or interpretations thereof); would require the Work contains or uses use of hazardous or toxic materials or substances which are not customarily used in violation of Requirements; (v) the building trade; the Work Leasehold Improvements would adversely affect the exterior appearance of the Building; or vi) the Work might materially Leasehold Improvements would adversely affect another tenant’s premises; or the Work is prohibited by any mortgage or trust deed encumbering the Building. The foregoing reasons, however, shall not be exclusive of the reasons, reasons for which Landlord may withhold consent, whether or not such other reasons are similar or dissimilar to the foregoing. Landlord shall cooperate with Tenant by discussing or reviewing preliminary plans and specifications at Tenant’s request prior to completion of the full, final detailed Plans in order to expedite the preparation of and the subsequent approval process concerning the final Plans. If Landlord notifies Tenant that changes are required to the final Plans submitted by Tenant, Tenant shall submit to Landlord, for its approval, the Plans amended in accordance with the changes so required. Such submission of revised Plans shall be accompanied by a written point by point response from Tenant specifically responding to any disapprovals or other responses delivered by Landlord to Tenant. The Plans shall also be revised, and the Work Leasehold Improvements shall be changed, all at Tenant’s cost and expense, to incorporate any work required in the Premises by any local governmental field inspector. Landlord’s approval of the Plans shall in no way be deemed to be (i) an acceptance or approval of any element therein contained which is in violation of any applicable statutes, laws, ordinances, regulations orders, codes, rules, regulations, building or fire codes or other governmental requirements, or (ii) an assurance that work done pursuant to the Approved Plans will comply with all applicable laws (or with the interpretations thereof) or satisfy Tenant’s objectives and needs.

Appears in 1 contract

Samples: Lease Agreement (Atheros Communications Inc)

PRE-CONSTRUCTION ACTIVITIES. (a) Prior to Tenant’s commencement of the WorkOn or before March 15, 1998, Tenant shall submit the following information and items to Landlord for Landlord’s 's review and approval: (i) A detailed critical path construction schedule containing the major components of the Work and the time required for each, including the scheduled commencement date of construction of the Work, milestone dates and the estimated date of completion of construction. (ii) An itemized statement of estimated construction cost, including fees for permits and architectural and engineering fees. (iii) Evidence satisfactory to Landlord in all respects of Tenant's ability to pay the cost of the Work as and when payments become due. (iv) The names and addresses of Tenant’s 's contractors (and said contractor’s 's subcontractors) and materialmen to be engaged by Tenant for the Work (individually, a "Tenant Contractor," and collectively, "Tenant’s 's Contractors"). Landlord has the right to reasonably approve or disapprove all or any one or more of Tenant’s 's Contractors. Landlord may, at its election, designate a list of approved contractors for performance of those portions of work involving electrical, mechanical, plumbing, heating, air conditioning or life safety systems, from which Tenant must select its contractors for such designated portions of work. (iiv) Certificates Certified copies of insurance policies or certificates of insurance as hereinafter described. Tenant shall not permit Tenant’s 's Contractors to commence work until the required insurance has been obtained and certified copies of policies or certificates have been delivered to Landlord. (iiivi) Payment and performance bonds for all of Tenant's Contractors naming Landlord (or an agent, designee or representative appointed by Landlord's written notice to Tenant given prior to Tenant's procurement of paid bonds) as dual obligee. (vii) The Plans (as hereinafter defined) for the Work, which Plans shall be subject to Landlord’s 's approval in accordance with Section 4(bParagraph 2(b) below. Tenant will update such information and items by notice to Landlord of any changes. (b) As used herein the term "Approved Plans" shall mean the Plans (as hereinafter defined), as and when approved in writing by Landlord. As used herein, the term "Plans" shall mean the full and detailed architectural and engineering plans and specifications covering the Work (including, without limitation, architectural, mechanical and electrical working drawings for the Work). The Plans shall be subject to Landlord’s 's approval and the approval of all local governmental authorities requiring approval of the work and/or the Approved Plan. Landlord shall give its approval or disapproval (giving general reasons in case of disapproval) of the Plans within ten three (103) business days after their delivery to Landlord. Landlord agrees not to unreasonably withhold its approval of said Plans; provided, however, that Landlord shall not be deemed to have acted unreasonably if it withholds its approval of the Plans because, in Landlord’s 's reasonable opinion: the Work as shown in the Plans is likely to adversely affect Building systems, the structure of the Building or the safety of the Building and/or its occupants; the Work as shown on the Plans might impair Landlord’s 's ability to furnish services to Tenant or other tenants; the Work would increase the cost of operating the Building; the Work would violate any governmental laws, rules or ordinances (or interpretations thereof); the Work contains or uses hazardous or toxic materials or substances which are not customarily used in the building tradesubstances; the Work would adversely affect the appearance of the Building; the Work might materially adversely affect another tenant’s 's premises; or the Work is prohibited by any mortgage or trust deed encumbering the Building. The foregoing reasons, however, shall not be exclusive of the reasons, reasons for which Landlord may withhold consent, whether or not such other reasons are similar or dissimilar to the foregoing. If Landlord notifies Tenant that changes are required to the final Plans submitted by Tenant, Tenant shall shall, within three (3) business days thereafter, submit to Landlord, for its approval, the Plans amended in accordance with the changes so required. The Plans shall also be revised, and the Work shall be changed, all at Tenant’s 's cost and expense, to incorporate any work required in the Premises by any local governmental field inspector. Landlord’s 's approval of the Plans shall in no way be deemed to be (i) an acceptance or approval of any element therein contained which is in violation of any applicable laws, ordinances, regulations or other governmental requirements, or (ii) an assurance that work done pursuant to the Approved Plans will comply with all applicable laws (or with the interpretations thereof) or satisfy Tenant’s 's objectives and needs.

Appears in 1 contract

Samples: Industrial Lease (Brightpoint Inc)

PRE-CONSTRUCTION ACTIVITIES. (a) Prior to Tenant’s commencement of the Work, Tenant shall submit the following information and items to Landlord for Landlord’s review and approval: (i) A detailed critical path construction schedule containing the major components of the Work and the time required for each, including the scheduled commencement date of construction of the Work, milestone dates and the estimated date of completion of construction. (ii) An itemized statement of estimated construction cost, including fees for permits and architectural and engineering fees. (iii) The names and addresses of Tenant’s contractors (and said contractor’s subcontractors) and materialmen to be engaged by Tenant for the Work (individually, a “Tenant Contractor,” and collectively, “Tenant’s Contractors”). Tenant may competitively bid Tenant’s general contractor. Landlord has the right to reasonably approve or disapprove all or any one or more of Tenant’s Contractors. Landlord may, at its electionsuch approval not to be unreasonably withheld, designate a list of approved contractors for performance of those portions of work involving electrical, mechanical, plumbing, heating, air conditioning conditioned or life safety systems, from which Tenant must select its contractors for such designated portions of workdelayed. (iiiv) Certificates Certified copies of insurance policies or certificates of insurance as hereinafter described. Tenant shall not permit Tenant’s Contractors to commence work until the required insurance has been obtained and certified copies of policies or certificates have been delivered to Landlord. (iii) The Plans (as hereinafter defined) for the Work, which Plans shall be subject to Landlord’s approval in accordance with Section 4(b) below. Tenant will update such information and items by notice to Landlord of any changes. (b) As used herein the term “Approved Plans” shall mean the Plans (as hereinafter defined), as and when approved in writing by Landlord. As used herein, the term “Plans” shall mean the full and detailed architectural and engineering plans and specifications covering Landlord hereby approves the Work (including, without limitation, architectural, mechanical and electrical working drawings for the Work). The Plans shall be subject to Landlord’s approval and the approval of all local governmental authorities requiring approval of the work and/or the Approved Plan. Landlord shall give its approval or disapproval (giving general reasons in case of disapproval) of the Plans within ten (10) business days after their delivery to Landlord. Landlord agrees not to unreasonably withhold its approval of said Plans; provided, however, that Landlord shall not be deemed to have acted unreasonably if it withholds its approval of the Plans because, in Landlord’s reasonable opinion: the Work as shown in the Plans is likely to adversely affect Building systems, the structure of the Building or the safety of the Building and/or its occupants; the Work as shown Specifications identified on the Plans might impair Landlord’s ability to furnish services to Tenant or other tenants; the Work would increase the cost of operating the Building; the Work would violate any governmental laws, rules or ordinances (or interpretations thereof); the Work contains or uses hazardous or toxic materials or substances which are not customarily used in the building trade; the Work would adversely affect the appearance of the Building; the Work might materially adversely affect another tenant’s premises; or the Work is prohibited by any mortgage or trust deed encumbering the Building. The foregoing reasons, however, shall not be exclusive of the reasons, for which Landlord may withhold consent, whether or not such other reasons are similar or dissimilar to the foregoing. If Landlord notifies Tenant that changes are required to the final Plans submitted by Tenant, Tenant shall submit to Landlord, for its approval, the Plans amended in accordance with the changes so required. The Plans shall also be revised, and the Work shall be changed, all at Tenant’s cost and expense, to incorporate any work required in the Premises by any local governmental field inspectorSchedule 1. Landlord’s approval of the Plans Work Specifications shall in no way be deemed to be (i) an acceptance or approval of any element therein contained which is in violation of any applicable laws, ordinances, regulations or other governmental requirements, or (ii) an assurance that work done pursuant to the Approved Plans Work Specifications will comply with all applicable laws (or with the interpretations thereof) or satisfy Tenant’s objectives and needs. (c) No Work shall be undertaken or commenced by Tenant in the Premises until (i) Tenant has delivered, and Landlord has approved, all items set forth in Paragraph 2(a) above, (ii) all necessary building permits have been applied for and obtained by Tenant, and (iii) proper provision has been made by Tenant for payment in full of the cost of the Work, which is satisfactory to Landlord.

Appears in 1 contract

Samples: Office Lease (Placer Sierra Bancshares)

PRE-CONSTRUCTION ACTIVITIES. (a) Prior to Tenant’s commencement of On or before Tenant commences any work in the WorkPremises, Tenant shall submit the following information and items to Landlord for Landlord’s 's review and approval: (i) The names and addresses Certified copies of Tenant’s contractors (and said contractor’s subcontractors) and materialmen to be engaged by Tenant for the Work (individually, a “Tenant Contractor,” and collectively, “Tenant’s Contractors”). Landlord has the right to reasonably approve insurance policies or disapprove all or any one or more of Tenant’s Contractors. Landlord may, at its election, designate a list of approved contractors for performance of those portions of work involving electrical, mechanical, plumbing, heating, air conditioning or life safety systems, from which Tenant must select its contractors for such designated portions of work. (ii) Certificates certificates of insurance as hereinafter described. Tenant shall not permit the Contractor or any of Tenant’s 's Contractors to commence work until the required insurance has been obtained and certified copies of policies of insurance or certificates thereof have been delivered to Landlord.. I (iiiii) The Plans (as hereinafter defineddefined below) for the WorkTenant Improvements, which Plans shall be subject to Landlord’s 's approval in accordance with Section 4(bParagraph 2(b) below. (iii) All necessary building permits have been applied for and obtained by Tenant. (iv) Proper provision has been made by Tenant for payment in full of the total cost of the Tenant Improvements, which is satisfactory to Landlord. Tenant will update such information and items by written notice to Landlord of any changes. (b) As used herein the term "Approved Plans" shall mean the Plans (as hereinafter defineddefined below), as and when approved in writing by Landlord. As used herein, the term "Plans" shall mean the full and detailed architectural and engineering plans and specifications covering the Work Tenant Improvements (including, without limitation, architectural, mechanical and electrical working drawings for the WorkTenant Improvements). The Plans shall be subject to Landlord’s 's approval and the approval of all local loc governmental authorities requiring approval of the work and/or Tenant Improvements and the Approved Plan. Landlord shall give its approval or disapproval (giving general reasons in case of disapproval) of the Plans within ten (10) business days after their delivery to LandlordPlans. Landlord agrees not to unreasonably withhold its approval of said Plans; provided, however, that Landlord shall not be deemed to have acted unreasonably if it withholds its approval of the Plans because, in Landlord’s reasonable opinion: the Work as shown in the Plans is likely to adversely affect Building systems, the structure of the Building or the safety of the Building and/or its occupants; the Work as shown on the Plans might impair Landlord’s ability to furnish services to Tenant or other tenants; the Work would increase the cost of operating the Building; the Work would violate any governmental laws, rules or ordinances (or interpretations thereof); the Work contains or uses hazardous or toxic materials or substances which are not customarily used in the building trade; the Work would adversely affect the appearance of the Building; the Work might materially adversely affect another tenant’s premises; or the Work is prohibited by any mortgage or trust deed encumbering the Building. The foregoing reasons, however, shall not be exclusive of the reasons, for which Landlord may withhold consent, whether or not such other reasons are similar or dissimilar to the foregoing. If Landlord notifies Tenant that changes are required to the final Plans submitted by Tenant, Tenant shall should submit to Landlord, for its approval, the Plans amended in accordance with the changes change so required. The Plans shall also be revised, and the Work Tenant Improvements shall be changed, all at Tenant’s 's cost and expense, to incorporate any work required in the Premises by any local governmental field inspector. Landlord’s 's approval of the Plans shall in no way be deemed to be (ix) an acceptance or approval of any element therein contained which is in violation of any applicable laws, ordinances, regulations or other governmental requirements, or (iiy) an assurance that work done pursuant to the Approved Plans will comply with all applicable laws law (or with the interpretations thereof) or satisfy Tenant’s 's objectives and needs.

Appears in 1 contract

Samples: Lease Agreement (Wentworth Ii Inc)

PRE-CONSTRUCTION ACTIVITIES. (a) Prior to Tenant’s commencement of the WorkOn or before December 1, 1996, Tenant shall submit the following information and items to Landlord for Landlord’s 's review and approval: (i) The A detailed critical path construction schedule containing the major components of the Work and the time required for each, including the scheduled commencement date of construction of the Work, milestone dates and the estimated date of completion of construction. (ii) An itemized statement of estimated construction costs, including fees for permits and architectural and engineering fees. (iii) Attached as Schedule 3 to this Work Letter is a list of the names and addresses of Tenant’s 's contractors (and said contractor’s 's subcontractors) and materialmen to be engaged by Tenant for the Work (individually, a “Tenant Contractor"TENANT CONTRACTOR," and collectively, “Tenant’s Contractors”"TENANT'S CONTRACTORS"). , which Landlord has the right to reasonably approve or disapprove all or any one or more of Tenant’s Contractors. Landlord may, at its election, designate a list of approved contractors for performance of those portions of work involving electrical, mechanical, plumbing, heating, air conditioning or life safety systems, from which Tenant must select its contractors for such designated portions of workapproved. (iiiv) Certificates Certified copies of insurance policies or certificates of insurance as hereinafter described. Tenant shall not permit Tenant’s 's Contractors to commence work until the required insurance has been obtained and certified copies of policies or certificates have been delivered to Landlord. (iiiv) The Plans (as hereinafter defined) for the Work, which Plans shall be subject to Landlord’s 's approval in accordance with Section 4(bParagraph 2(b) below. A copy of the Initial Plans are attached hereto as Schedule "I" and incorporated herein by reference. Tenant will update such information and items by notice to Landlord of any changes. (b) As used herein and in the Lease, the term “Approved "Initial Plans" shall mean the Plans (as hereinafter defined), as and when approved in writing by Landlord. As used herein, the term "Plans" shall mean the full and detailed architectural and engineering plans and specifications covering the Work (including, without limitation, architectural, mechanical and electrical working drawings for the Work). The Plans shall be subject to Landlord’s 's approval and the approval of all local governmental authorities requiring approval of the work and/or the Approved PlanInitial Plans. Landlord shall give its approval or disapproval (giving general reasons in case of disapproval) of the Plans within ten (10) business calendar days after their delivery to Landlord. Landlord agrees not to unreasonably withhold its approval of said Plans; provided, however, that Landlord shall not be deemed to have acted unreasonably if it withholds its approval of the Plans because, in Landlord’s 's reasonable opinion: the Work as shown in the Plans is likely to adversely affect Building systems, the structure of the Building or the safety of the Building and/or mentor its occupants; the Work as shown on the Plans might impair Landlord’s 's ability to furnish services to Tenant or other tenants; the Work would increase the cost of operating the Building; the Work would violate any governmental laws, rules or ordinances (or interpretations thereof); the Work contains or uses hazardous or toxic materials or substances which are not customarily used in the building tradesubstances; the Work would adversely affect the appearance of the Building; the Work might materially adversely affect another tenant’s 's premises; or the Work is prohibited by any mortgage or trust deed encumbering the Building. The foregoing reasons, however, shall not be exclusive of the reasons, reasons for which Landlord may withhold consent, whether or not such other reasons are similar or dissimilar to the foregoing. If Landlord notifies Tenant that changes are required to the final Plans submitted by Tenant, Tenant shall shall, within three (3) business days thereafter, submit to Landlord, for its approval, the Plans amended in accordance with the changes so required. The Plans shall also be revised, and the Work shall be changed, all at Tenant’s 's cost and expense, to incorporate any work required in the Premises by any local governmental governments field inspector. Landlord’s 's approval of the Plans shall in no way be deemed to be (i) an acceptance or approval of any element therein contained which is in violation of any applicable laws, ordinances, regulations or other governmental requirements, or (ii) an assurance that work done pursuant to the Approved Initial Plans will comply with all applicable laws (or with the interpretations thereof) or satisfy Tenant’s 's objectives and needs.

Appears in 1 contract

Samples: Sublease (Chemconnect Inc)

PRE-CONSTRUCTION ACTIVITIES. (a) On or before the commencement of the Work, Tenant shall submit the Plans (as hereinafter defined) for the Work, which Plans shall be subject to Landlord's approval which will not be unreasonably withheld, conditioned or delayed. Prior to Tenant’s commencement of the Work, Tenant shall submit the following information and items to Landlord for Landlord’s 's review and approval, which will not be unreasonably withheld, conditioned or delayed: (i) A budget (the "Budget") and an itemized statement of estimated construction and other costs (as such figure may be revised from time to time, the "Cost" or "Costs"), including all fees for permits and architectural and engineering fees and a reasonable contingency reserve. Such Budget and Cost amounts shall be revised as is reasonably necessary to reflect actual costs due to change orders, as shown in contracts, or for other reasons during the progress of the Work. (ii) The names and addresses of Tenant’s 's contractors (and said contractor’s 's subcontractors) and materialmen to be engaged by Tenant for the Work (individually, a "Tenant Contractor," and collectively, "Tenant’s 's Contractors"). Landlord has the right to reasonably approve or disapprove all or any one or more Each of Tenant’s Contractors's Contractors shall be subject to the prior written approval of Landlord, which approval shall not be unreasonably withheld, conditioned or delayed. If such contractor complies with Landlord's reasonable criteria and is duly qualified to perform the Work, Landlord shall approve such contractor. Landlord may, at its election, designate provide a list of approved contractors for performance of those portions of work involving electrical, mechanical, plumbing, heating, air conditioning or life safety systems, from which Tenant must may select its contractors or subcontractors for such designated portions of workwork and such contractors or subcontractors will be included in Tenant's bid process. (iiiii) Certificates Certified copies of insurance policies or certificates of insurance as hereinafter described. Tenant shall not permit Tenant’s 's Contractors to commence work until the required insurance has been obtained and certified copies of policies or certificates have been delivered to Landlord. (iii) The Plans (as hereinafter defined) for the Work, which Plans shall be subject to Landlord’s approval in accordance with Section 4(b) below. Tenant will update such information and items by notice to Landlord of any changeschanges thereto. (b) As used herein the term "Approved Plans" shall mean the Plans (as hereinafter defined), as and when approved in writing by Landlord. As used herein, the term "Plans" shall mean the full and detailed architectural and engineering plans and specifications covering the Work (including, without limitation, architectural, structural, mechanical, electrical, plumbing, HVAC, and life safety work and all other items for which the 10th/11th Floor Allowance is to be used and all architectural, mechanical and electrical working drawings for the such Work). The Plans shall be subject to Landlord’s 's reasonable approval as provided herein, which approval shall not be unreasonably withheld, conditioned or delayed, and to the approval of all local governmental authorities requiring approval of the work Work and/or the Approved PlanPlans. Landlord shall give its approval or disapproval respond to Tenant's submission of the Plans (giving general detailed reasons in case of disapproval) of the Plans within ten seven (107) business days after their delivery to Landlord. Landlord agrees not to unreasonably withhold withhold, condition or delay its approval of said Plans; provided, however, that Landlord shall not be deemed to have acted unreasonably if it withholds its it approval of the Plans because, in Landlord’s 's reasonable opinion: the Work as shown in the Plans is substantially likely to adversely affect Building systems, the structure of the Building or the safety of the Building and/or its occupants; the Work as shown on the Plans might is reasonably likely to impair Landlord’s 's ability to furnish services to Tenant or other tenants; the Work would increase the cost of operating the Building; the Work would violate any governmental laws, rules or ordinances Laws (or interpretations thereof); the Work is not in accordance with then-current Building standards; the Work contains or uses hazardous or toxic materials or substances which are not customarily used in the building tradesubstances; the Work would adversely affect the appearance of the Building; Building outside of the Work might materially adversely affect another tenant’s premisesPremises; or the Work is prohibited by any mortgage or trust deed encumbering the Buildinghas a reasonable likelihood of adversely affecting another tenant's premises. The foregoing reasons, however, shall not be exclusive of the reasons, reasons for which Landlord may withhold consent, whether or not such other reasons are an similar or dissimilar to the foregoing. If Landlord notifies Tenant that changes are required to the final Plans submitted by Tenant, Tenant shall prior to commencement of any Work, submit to Landlord, for its approval, the Plans amended in accordance with the changes so required. Landlord shall respond to Tenant's submission of such amended Plans within three (3) business days of receipt, it being agreed that Landlord's approval thereto shall be limited to those items to which Landlord had objected pursuant to the prior submission of the Plans. Such procedure for review with respect to any further objections to the Plans by Landlord shall continue until the Plans are finally approved by Landlord. If Landlord fails to respond to any request for approval of Plans within the time period provided herein, Tenant shall send a further notice to Landlord with the following typed in bold face type in a clearly visible location on the outside of the notice: "THIS CONTAINS PLANS SUBMITTED TO LANDLORD PURSUANT TO A LEASE. LANDLORD'S FAILURE TO RESPOND IN WRITING WITHIN THREE (3) BUSINESS DAYS SHALL BE DEEMED TO CONSTITUTE LANDLORD'S APPROVAL OF SUCH PLANS." If Landlord fails to respond within three (3) business days after receipt of such second notice, Landlord shall be deemed to have approved the Plans as submitted. The Plans shall also be revised, and the Work shall be changed, all at Tenant’s cost and expenseexpense (but payable from the 10th/11th Floor Allowance), to incorporate any work required in the Premises by any local governmental field inspector. Landlord’s 's approval of the Plans shall in no way be deemed to be (i) an acceptance or approval of any element therein contained which is in violation of any applicable laws, ordinances, regulations or other governmental requirementsLaws, or (ii) an assurance that work done pursuant to the Approved Plans will comply with all applicable laws Laws (or with the interpretations thereof) or satisfy Tenant’s 's objectives and needs.

Appears in 1 contract

Samples: Lease (Huron Consulting Group Inc.)

PRE-CONSTRUCTION ACTIVITIES. (a) Prior to Tenant’s the commencement of any Work in the WorkPremises, Tenant shall submit the following information and items to Landlord for Landlord’s 's review and approval: (i) A detailed critical path construction schedule containing the major components of the Work and the time required for each, including the scheduled commencement date of construction of the Work, milestone dates and the estimated date of completion of construction. (ii) An itemized statement of estimated construction cost, including fees for permits and architectural and engineering fees. (iii) Evidence satisfactory to Landlord in all respects of Tenant's ability to pay the cost of the Work as and when payments become due. (iv) The names and addresses of Tenant’s 's contractors (and said contractor’s 's subcontractors) and materialmen to be engaged by Tenant for the Work (individually, a "Tenant Contractor," and collectively, "Tenant’s 's Contractors"). Landlord has the right to reasonably approve or disapprove all or any one or more of Tenant’s 's Contractors. Landlord may, at its election, designate a list of approved contractors for performance of those portions of work involving electrical, mechanical, plumbing, heating, air conditioning or life safety systems, from which Tenant must select its contractors for such designated portions of work. (iiv) Certificates Certified copies of insurance policies or certificates of insurance as hereinafter described. Tenant shall not permit Tenant’s 's Contractors to commence work until the required insurance has been obtained and certified copies of policies or certificates have been delivered to Landlord. (iiivi) Payment and performance bonds for all of Tenant's Contractors naming Landlord (or an agent, designee or representative appointed by Landlord's written notice to Tenant given prior to Tenant's procurement of paid bonds) as a dual obligee. (vii) The Plans (as hereinafter defined) for the Work, which Plans shall be subject to Landlord’s 's approval in accordance with Section 4(bParagraph 2(b) below. Tenant will update such information and items by notice to Landlord of any changes. (b) As used herein the term "Approved Plans" shall mean the Plans (as hereinafter defined), as and when approved in writing by Landlord. As used herein, the term "Plans" shall mean the full and detailed architectural and engineering plans and specifications covering the Work (including, without limitation, architectural, mechanical and electrical working drawings for the Work). The Plans shall be subject to Landlord’s 's approval and the approval of all local governmental authorities requiring approval of the work and/or the Approved Plan. Landlord shall give its approval or disapproval (giving general reasons in case of disapproval) of the Plans within ten (10) business days after their delivery to Landlord. Landlord agrees not to unreasonably withhold its approval of said Plans; provided, however, that Landlord shall not be deemed to have acted unreasonably if it withholds its approval of the Plans because, in Landlord’s 's reasonable opinion: the Work as shown in the Plans is likely to adversely affect Building systems, the structure of the Building or the safety of the Building and/or its occupants; the Work as shown on the Plans might impair Landlord’s 's ability to furnish services to Tenant or other tenants; the Work would increase the cost of operating the Building; the Work would violate any governmental laws, rules or ordinances (or interpretations thereof); the Work contains or uses hazardous or toxic materials or substances which are not customarily used in the building tradesubstances; the Work would adversely affect the appearance of the Building; the Work might materially adversely affect another tenant’s 's premises; or the Work is prohibited by any mortgage or trust deed encumbering the Building. The foregoing reasons, however, shall not be exclusive of the reasons, reasons for which Landlord may withhold consent, whether or not such other reasons are similar or dissimilar to the foregoing. If Landlord notifies Tenant that changes are required to the final Plans submitted by Tenant, Tenant shall shall, within three (3) business days thereafter, submit to Landlord, for its approval, the Plans amended in accordance with the changes so required. The Plans shall also be revised, and the Work shall be changed, all at Tenant’s 's cost and expense, to incorporate any work required in the Premises by any local governmental field inspector. Landlord’s 's approval of the Plans shall in no way be deemed to be (i) an acceptance or approval of any element therein contained which is in violation of any applicable laws, ordinances, regulations or other governmental requirements, or (ii) an assurance that work done pursuant to the Approved Plans will comply with all applicable laws (or with the interpretations thereof) or satisfy Tenant’s 's objectives and needs.

Appears in 1 contract

Samples: Office Lease (Electronic Arts Inc)

PRE-CONSTRUCTION ACTIVITIES. (a) Prior to Tenant’s commencement of the WorkOn or before FEBRUARY 14, 2003, Tenant shall submit the following information and items to Landlord for Landlord’s 's review and approval: (i) A detailed critical path construction schedule containing the major components of the Work and the time required for each, including the scheduled commencement date of construction of the Work, milestone dates and the estimated date of completion of construction. (ii) An itemized statement of estimated construction cost, including fees for permits and architectural and engineering fees. (iii) Evidence satisfactory to Landlord in all respects of Tenant's ability to pay the cost of the Work as and when payments become due. (iv) The names and addresses of Tenant’s 's contractors (and said contractor’s 's subcontractors) and materialmen material men to be engaged by Tenant for the Work (individually, a "Tenant Contractor," and collectively, "Tenant’s 's Contractors"). Landlord has the right to reasonably approve or disapprove all or any one or more of Tenant’s 's Contractors. Landlord may, at its election, designate a list of approved contractors for performance of those portions of work involving electrical, mechanical, plumbing, heating, air conditioning or life safety systems, from which Tenant must select its contractors for such designated portions of work. (iiv) Certificates Certified copies of Insurance policies or certificates of insurance as hereinafter described. Tenant shall not permit Tenant’s 's Contractors to commence work until the required insurance has been obtained and certified copies of policies or certificates have been delivered to Landlord. (iiivi) Payment and performance bonds for all of Tenant's Contractors naming Landlord (or an agent, designee or representative appointed by Landlord's written notice to Tenant given prior to Tenant's procurement of paid bonds) as dual obligee. (vii) The Plans (as hereinafter defined) for the Work, which Plans shall be subject to Landlord’s 's approval in accordance with Section 4(bParagraph 2(b) below. Tenant will update such information and items by notice to Landlord of any changes. (b) As used herein the term "Approved Plans" shall mean the Plans (as hereinafter defined), as and when approved in writing by Landlord. As used herein, the term "Plans" shall mean the full and detailed architectural and engineering plans and specifications covering the Work (including, without limitation, architectural, mechanical and electrical working drawings for the Work). The Plans shall be subject to Landlord’s 's approval and the approval of all local governmental authorities requiring approval of the work and/or the Approved Plan. Landlord shall give its approval or disapproval (giving general reasons in case of disapproval) of the Plans within ten Five (105) business days after their then delivery to Landlord. Landlord agrees not to unreasonably withhold its approval of said Plans; provided, however, that Landlord shall not be deemed to have acted unreasonably if it withholds its approval of the Plans because, in Landlord’s 's reasonable opinion: the Work as shown in the Plans is likely to adversely affect Building systems, the structure of the Building or the safety of the Building and/or its occupants; the Work as shown on the Plans might impair Landlord’s 's ability to furnish services to Tenant or other tenants; the Work would increase the cost of operating the Building; the Work would violate any governmental laws, rules or ordinances (or interpretations thereof); the Work contains or uses hazardous or toxic materials or substances which are not customarily used in the building tradesubstances; the Work would adversely affect the appearance of the Building; the Work might materially adversely affect another tenant’s 's Tenant Landlord -s- [ILLEGIBLE] -s- [ILLEGIBLE] premises; or the Work is prohibited by any mortgage or trust deed encumbering the Building. The foregoing reasons, however, shall not be exclusive of the reasons, reasons for which Landlord may withhold consent, whether or not such other reasons are similar or dissimilar to the foregoing. If Landlord notifies Tenant that changes are required to the final Plans submitted by Tenant, Tenant shall shall, within three (3) business days thereafter, submit to Landlord, for its approval, the Plans amended in accordance with the changes so required. The Plans shall also be revised, and the Work shall be changed, all at Tenant’s 's cost and expense, to incorporate any work required in the Premises by any local governmental field inspector. Landlord’s 's approval of the Plans shall in no way be deemed to be (i) an acceptance or approval of any element therein contained which is in violation of any applicable laws, ordinances, regulations or other governmental requirements, or (ii) an assurance that work done pursuant to the Approved Plans will comply with all applicable laws (or with the interpretations thereof) or satisfy Tenant’s 's objectives and needs.

Appears in 1 contract

Samples: Retail Lease (Nara Bancorp Inc)

PRE-CONSTRUCTION ACTIVITIES. (a) Prior On or before July 1, 2001, as to Tenant’s commencement the demolition of the Workimprovements existing in the Premises as of the date of this Lease, and as of August 1, 2001, as to the construction of the Premises in accordance with this Work Letter, Tenant shall submit the following information and items to Landlord for Landlord’s 's review and approval: (i) The names and addresses A construction schedule containing the major components of Tenant’s contractors (and said contractor’s subcontractors) and materialmen to be engaged by Tenant for the Work, including the scheduled commencement date of construction of the Work (individually, a “Tenant Contractor,” and collectively, “Tenant’s Contractors”). Landlord has the right to reasonably approve or disapprove all or any one or more estimated date of Tenant’s Contractors. Landlord may, at its election, designate a list completion of approved contractors for performance of those portions of work involving electrical, mechanical, plumbing, heating, air conditioning or life safety systems, from which Tenant must select its contractors for such designated portions of workconstruction. (ii) Certificates Evidence satisfactory to Landlord in all respects of Tenant's ability to pay the cost of the Work as and when payments become due, it being understood and agreed that, so long as Tenant engages Westin Construction, Inc. ("Westin") as its general contractor, and The DLR Group ("DLR") as its architect, Landlord shall not require payment and performance bonds for all or any portion of the Work; provided however, that if Tenant engages a general contractor other than Westin or an architect other than DLR, Landlord reserves the right to require that Tenant or the general contractor provide payment and performance bonds, with dual obligee riders, for all or a portion of the Work. (iii) A sworn total project cost statement prepared by Tenant and signed and sworn to as accurate by Tenant and Westin or other general contractor approved by Landlord ("General Contractor") (as to the cost of the Work), setting forth an itemization of estimated construction costs, including fees for permits and architectural and engineering fees, disclosing the various subcontracts and contracts for materials to be entered into by General Contractor (collectively, the "Subcontracts") and setting forth the names of all architects, including DLR or other architect reasonably approved by Landlord, engineers, consultants, designers, subcontractors and material suppliers of all tiers (who, collectively with General Contractor, are referred to herein as "Tenant's Contractors"), including subcontractors and material suppliers, if any, with whom General Contractor has contracted to date, their addresses, work and materials to be furnished, amounts of the Subcontracts, the amounts, if any, paid to date and the balance due under each Subcontract and the Construction Contract. (iv) The construction contract (the "Construction Contract") entered into by Tenant and the General Contractor for the Work. (v) Delivery of the Construction Deposit (as more fully described and defined in Paragraph 8(a) hereof). (vi) Certified copies of insurance policies or certificates of insurance as hereinafter described. Tenant shall not permit Tenant’s 's Contractors to commence work until the required insurance has been obtained and certified copies of policies or certificates have been delivered to Landlord. (iiivii) At Landlord's election, but subject to subparagraph (ii) above, payment and performance bonds issued by an insurance company with an A.M. Best rating of at least A-X and qualified to conduct business in the State of Minnesota, for all of Tenant's Contractors naming Landlord (or an agent, designee or representative appointed by Landlord's written notice to Tenant given prior to Tenant's procurement of paid bonds) as a dual obligee. (viii) The Plans (as hereinafter defined) for the Work, which Plans shall be subject to Landlord’s 's approval in accordance with Section 4(bParagraph 2(b) below. Tenant will update such information and items by notice to Landlord of any changes, which changes shall be subject to the provisions of this Work Letter. (b) As used herein the term "Approved Plans" shall mean the Plans (as hereinafter defined), as and when approved in writing by Landlord. As used herein, the term "Plans" shall mean the full and detailed architectural and engineering plans and specifications covering the Work (including, without limitation, architectural, mechanical and electrical working drawings for the Work), which Plans shall include "tie-ins" to existing utility service at the Building, it being understood and agreed that Landlord shall not be obligated to provide additional utility capacity or tie-ins at other than the location of such utility service in the Building. The Plans shall be subject to Landlord’s 's approval and the approval of all local governmental authorities requiring approval of the work and/or the Approved PlanPlans. Landlord shall give its approval or disapproval (giving general specific reasons in case of disapprovalfor disapproval if the Plans are disapproved) of the Plans within ten (10) business days after their delivery to Landlord. Landlord agrees not to unreasonably withhold its approval of said Plans; provided, however, that Landlord shall not be deemed to have acted unreasonably if it withholds its approval of the Plans because, in Landlord’s 's reasonable opinion: the Work as shown in the Plans is likely to adversely affect Building systemsSystems, the structure of the Building or the safety of the Building and/or its occupants; the Work as shown on the Plans might impair Landlord’s 's ability to furnish services to Tenant or other tenants; the Work would increase the cost of operating the Building; the Work would violate any governmental laws, rules or ordinances (or interpretations thereof); the Work contains or uses hazardous or toxic materials or substances which that are not customarily used in the building tradeotherwise permitted under applicable law, rule or regulation, assuming Tenant's strict compliance with all such laws, rules and regulations; the Work would adversely affect the appearance of the Building; the Work might materially would adversely affect another tenant’s 's premises; or the Work is prohibited by any mortgage or trust deed encumbering the Building. The foregoing reasons, however, shall not be exclusive of the reasons, reasons for which Landlord may withhold consent, whether or not such other reasons are similar or dissimilar to the foregoing. Notwithstanding the foregoing, when approved, the Approved Plans shall be considered binding on both Landlord and Tenant. If Landlord notifies Tenant that changes are required to the final Plans submitted by Tenant, Tenant shall shall, within three (3) business days thereafter, submit to Landlord, for its approval, the Plans amended in accordance with the changes so required. The Plans shall also be revised, and the Work shall be changed, all at Tenant’s 's cost and expense, to incorporate any work required in the Premises by any local governmental field inspector. Landlord’s 's approval of the Plans shall in no way be deemed to be (i) an acceptance or approval of any element therein contained which is in violation of any applicable laws, ordinances, regulations or other governmental requirements, or (ii) an assurance that work done pursuant to the Approved Plans will comply with all applicable laws (or with the interpretations thereof) or satisfy Tenant’s 's objectives and needs.

Appears in 1 contract

Samples: Lease Agreement (Protein Design Labs Inc/De)

PRE-CONSTRUCTION ACTIVITIES. (a) Prior to Tenant’s commencement of the WorkOn or before Second Extension Commencement Date, Tenant shall submit the following information and items to Landlord for Landlord’s review and approval: (i) A construction schedule containing the major components of the Work, including the scheduled commencement date of construction of the Work and the estimated date of completion of construction. (ii) An itemized statement of estimated construction costs, including fees for permits and architectural and engineering fees. (iii) Evidence satisfactory to Landlord in all respects of Tenant’s ability to pay the cost of the Work as and when payments become due. (iv) The names and addresses of Tenant’s architects, contractors (and said contractor’s subcontractors) and materialmen material suppliers of all tiers to be engaged by Tenant for the Work (individually, a “Tenant Contractor,” and collectively, “Tenant’s Contractors”). Landlord has the right to reasonably approve or reasonably disapprove all or any one or more of Tenant’s Contractors. Landlord may, at its election, designate a list of approved contractors for performance of those portions of work involving electrical, mechanical, plumbing, heating, air conditioning or life safety systems, from which Tenant must select its contractors for such designated portions of work. (iiv) Certificates Certified copies of insurance policies or certificates of insurance as hereinafter described. Tenant shall not permit Tenant’s Contractors to commence work until the required insurance has been obtained and certified copies of policies or certificates have been delivered to Landlord. (iiivi) At Landlord’s election, payment and performance bonds issued by an insurance company with an A.M. Best rating of at least A ,X and qualified to conduct business in the State of Minnesota, for all of Tenant’s Contractors naming Landlord (or an agent, designee or representative appointed by Landlord’s written notice to Tenant given prior to Tenant’s procurement of paid bonds) as a dual obligee. (vii) The Plans (as hereinafter defined) for the Work, which Plans shall be subject to Landlord’s approval in accordance with Section 4(bParagraph 2(b) below. Tenant will update such information and items by notice to Landlord of any changes. (b) As used herein the term “Approved Plans” shall mean the Plans (as hereinafter defined), as and when approved in writing by Landlord. As used herein, the term “Plans” shall mean the full and detailed architectural and engineering plans and specifications covering the Work (including, without limitation, architectural, mechanical and electrical working drawings for the Work), which Plans shall include “tie ins” to existing utility service at the Building, it being understood and agreed that Landlord shall not be obligated to provide additional utility capacity or tie ins at other than the location of such utility service in the Building. The Plans shall be subject to Landlord’s approval and the approval of all local governmental authorities requiring approval of the work and/or the Approved Plan. Landlord shall give its approval or reasonable disapproval (giving general reasons in case of disapproval) of the Plans within ten (10) business working days after their delivery to Landlord. Landlord agrees not to unreasonably withhold its approval of said Plans; provided, however, that Landlord shall not be deemed to have acted unreasonably if it withholds its approval of the Plans because, in Landlord’s reasonable opinion: the Work as shown in the Plans is likely to adversely affect Building systems, the structure of the Building or the safety of the Building and/or its occupants; the Work as shown on the Plans might impair Landlord’s ability to furnish services to Tenant or other tenants; the Work would increase the cost of operating the Building; the Work would violate any governmental laws, rules or ordinances (or interpretations thereof); the Work contains or uses hazardous or toxic materials or substances which are not customarily used in the building tradesubstances; the Work would adversely affect the appearance of the Building; the Work might materially adversely affect another tenant’s premises; the Work might, in Landlord’s sole opinion, adversely affect Landlord’s ability to re lease the Premises; or the Work is prohibited by any mortgage or trust deed encumbering the Building. The foregoing reasons, however, shall not be exclusive of the reasons, reasons for which Landlord may withhold consent, whether or not such other reasons are similar or dissimilar to the foregoing. If Landlord notifies Tenant that changes are required to the final Plans submitted by Tenant, Tenant shall shall, within ten (10) business days thereafter, submit to Landlord, for its approval, the Plans amended in accordance with the changes so required. The Plans shall also be revised, and the Work shall be changed, all at Tenant’s cost and expense, to incorporate any work required in the Premises by any local governmental field inspector. Landlord’s approval of the Plans shall in no way be deemed to be (i) an acceptance or approval of any element therein contained which is in violation of any applicable laws, ordinances, regulations or other governmental requirements, or (ii) an assurance that work done pursuant to the Approved Plans will comply with all applicable laws (or with the interpretations thereof) or satisfy Tenant’s objectives and needs.

Appears in 1 contract

Samples: Lease Agreement (Sauer Danfoss Inc)

PRE-CONSTRUCTION ACTIVITIES. (a) A. Prior to commencing any of the Tenant’s commencement of the Work, except as noted herein, Tenant shall submit the following information and items to Landlord for Landlord’s review and approval, which approval shall not be unreasonably withheld or delayed: (i) A detailed construction schedule containing the major components of Tenant’s Work and the time required for each, including the scheduled commencement date of construction of the Tenant’s Work, milestone dates and the estimated date of completion of construction. (ii) An itemized statement of estimated construction costs, including permits and architectural and engineering fees. (iii) The names and addresses of Tenant’s contractors (and said the contractor’s subcontractorssubcontractors and vendors) and materialmen to be engaged by Tenant for the Tenant’s Work (individually, a “Tenant Contractor,” and collectively, “Tenant’s Contractors”). Landlord has the right to reasonably approve or disapprove all or any one or more of Tenant’s Contractors. Landlord may, at its election, designate a list of approved contractors for performance of those portions of work involving electrical, mechanical, plumbing, heating, air conditioning or life safety systems, from which Tenant must select its contractors for such designated portions of work. (iiiv) Certificates Tenant’s Architect’s (as hereinafter defined) written statement that Tenant’s Architect has visited the site, and observed readily visible architectural existing conditions as such conditions affect the Plans and construction of the Tenant’s Work. (v) Certified copies of insurance policies or certificates of insurance as hereinafter described. Tenant shall not permit Tenant’s Contractors to commence work until the required insurance has been obtained and certified copies of policies or certificates have been delivered to Landlord. (iiivi) The Plans (as hereinafter defined) for the Tenant’s Work, which Plans shall be subject to Landlord’s approval in accordance with Section 4(bParagraph 3(B) below. . (vii) Tenant will update such information and items by notice to Landlord of any changes. (b) B. As used herein the term “Approved Plans” shall mean the Plans (as hereinafter defined), as and when approved in writing by Landlord. As used herein, the term “Plans” shall mean the full and detailed architectural and engineering plans and specifications covering the Tenant’s Work (including, without limitation, architectural, mechanical mechanical, electrical, life safety, fire protection and electrical plumbing working drawings for the Tenant’s Work). The Plans shall be subject to (i) Landlord’s approval (not to be unreasonably withheld or delayed), prior to submittal to any local governmental authorities requiring approval, and (ii) the approval of all local governmental authorities requiring approval of the work and/or the Approved Plan. Landlord shall give its approval or disapproval (giving general reasons in case of disapproval) of the Plans within ten (10) business days after their delivery to Landlord. Landlord agrees not to unreasonably withhold its approval of said Plans; provided, however, that Landlord shall not be deemed to have acted unreasonably if it withholds its approval of the Plans because, in Landlord’s reasonable opinion: the Work as shown in the Plans is likely to adversely affect Building systems, the structure of the Building or the safety of the Building and/or its occupants; the Work as shown on the Plans might impair Landlord’s ability to furnish services to Tenant or other tenants; the Work would increase the cost of operating the Building; the Work would violate any governmental laws, rules or ordinances (or interpretations thereof); the Work contains or uses hazardous or toxic materials or substances which are not customarily used in the building trade; the Work would adversely affect the appearance of the Building; the Work might materially adversely affect another tenant’s premises; or the Work is prohibited by any mortgage or trust deed encumbering the Building. The foregoing reasons, however, shall not be exclusive of the reasons, for which Landlord may withhold consent, whether or not such other reasons are similar or dissimilar to the foregoingapproval. If Landlord notifies Tenant that changes are required to the final Plans submitted by Tenant, Tenant shall submit to Landlord, for its approval, the Plans amended in accordance with the changes so required. The Such submission of revised Plans shall also be revised, and the Work shall be changed, all at Tenantaccompanied by a written response from Tenant specifically responding to Landlord’s cost and expense, to incorporate any work required in the Premises by any local governmental field inspectorrequested changes. Landlord’s approval of the Plans shall in no way be deemed to be (i) an acceptance or approval of any element therein contained which is in violation of any applicable statutes, laws, ordinances, regulations orders, codes, rules, regulations, building or fire codes or other governmental requirements, or . Landlord shall respond to Tenant’s submission of its Plans within ten (ii10) an assurance that work done pursuant business days following Tenant’s submission thereof to Landlord. In the event Landlord requires changes to the Approved Plans will comply with submitted by Tenant, Landlord shall respond to any resubmitted plans within five (5) business days from the date of such resubmission and such response shall identify all applicable laws (items for which Landlord requires changes and explanation of the action to be taken to obtain Landlord’s approval. Landlord’s failure to timely respond in writing upon submission of the Plans or with the interpretations thereof) or satisfy Tenant’s objectives and needsresubmitted Plans shall be deemed approval.

Appears in 1 contract

Samples: Lease Agreement (Learning Tree International Inc)

PRE-CONSTRUCTION ACTIVITIES. (a) Prior to Tenant’s commencement commencing any of the Tenant's Work, Tenant shall submit the following information and items to Landlord for Landlord’s 's review and approvalapproval with respect thereto: (i) A detailed construction schedule containing the major components of the Tenant's Work and the time required for each, including the scheduled commencement date of construction of the Tenant's Work, milestone dates and the estimated date of completion of construction. (ii) An itemized statement of estimated construction costs, including permits and architectural and engineering fees. (iii) The names and addresses of Tenant’s 's contractors (and said the contractor’s subcontractors's subcontractors as well as any vendors who will be delivering materials directly to the Building site) and materialmen to be engaged by Tenant for the Tenant's Work and of any construction manager proposed to be engaged by Tenant for the Tenant's Work (individually, a “Tenant Contractor,” and collectively, "Tenant’s 's Contractors"). Landlord has the right to reasonably approve or disapprove all Tenant's Contractors, which approval shall not be unreasonably withheld or delayed. Landlord shall give its approval or disapproval of the proposed Tenant's Contractors designated by Tenant within ten (10) days after Tenant's submittal thereof to Landlord. Tenant shall not employ as Tenant's Contractors any one persons or more of entities so disapproved by Landlord. If Landlord has affirmatively approved only certain contractor(s) and/or subcontractor(s) from Tenant’s Contractors's list, Tenant shall employ as Tenant's Contractors only those persons or entities so approved. Landlord may, at its election, designate a list of approved contractors for performance of those portions of work involving affecting electrical, mechanical, plumbing, heating, air conditioning plumbing or life safety systemssystems ("Approved Building System Contractors"), from which Tenant must select its contractors for such designated portions work. Without limitation of workthe foregoing, Landlord hereby confirms that any of the contractors listed on Attachment 1(a) hereto will be an approved general contractor for Tenant to engage relative to the performance of the Tenant's Work and any of the contractors listed on Attachment l(b) hereto shall be an Approved Building System Contractor for Tenant or the general contractor to engage for performance of work affecting electrical mechanical, plumbing or life safety systems. For purposes hereof, the term "life safety systems" shall include the Building's fire protection/sprinkler system, strobes, and speakers connected to the Building's annunciator panel. (iiiv) Certificates A written statement from Tenant, acting in its capacity as architect for the Tenant's Work, stating that Tenant has visited the site, inspected and verified existing conditions as such conditions affect the Plans and construction of the Tenant's Work. (v) Certified copies of insurance policies or certificates of insurance as hereinafter described. Tenant shall not permit Tenant’s 's Contractors to commence work until the required insurance has been obtained and certified copies of policies or certificates have been delivered to Landlord. (iiivi) The Plans (as hereinafter defined) for the Tenant's Work, which Plans shall be subject to Landlord’s 's approval in accordance with Section 4(bParagraph 3(b) below. Tenant will update such information and items by notice to Landlord of any changes, which changes shall be subject to Landlord's prior approval hereunder. Landlord shall promptly (or as otherwise required by this Workletter) review all submissions made by Tenant. (b) As used herein the term “Approved "Plans" shall mean the Plans (as hereinafter defined), as and when approved in writing by Landlord. As used herein, the term “Plans” shall mean the full and detailed architectural and engineering plans and specifications covering the Tenant's Work (including, without limitation, architectural, mechanical mechanical, electrical, life safety, fire protection and electrical plumbing working drawings for the Tenant's Work). The Plans shall include the minimum information shown on Attachment 2 attached hereto and incorporated herein. Subject to the Allowance (as hereinafter defined) and the Space Plan Allowance (as hereinafter defined), Tenant shall pay all costs and expenses of preparing the Plans. The Plans shall be subject to Landlord’s 's approval (not to be unreasonably withheld) and the approval of all local governmental authorities requiring approval of the work and/or the Approved Planapproval, if any. Landlord shall give its approval or disapproval (giving general reasons in case of disapproval) of the Plans within ten (10) business days after their delivery to Landlord. Landlord agrees not to unreasonably withhold its approval of said Plans; provided, however, that Landlord shall not be deemed to have acted unreasonably if it withholds its approval of the Plans consent because, in Landlord’s 's reasonable opinion: (i) the Tenant's Work as shown in the Plans is likely to adversely affect Building systems, the structure of the Building or the safety of the Building and/or and its occupants; (ii) the Tenant's Work as shown on the Plans might impair would adversely affect Landlord’s 's ability to furnish services to Tenant or other tenants; (iii) the Tenant's Work would increase the cost of operating the BuildingBuilding (unless Tenant agrees to pay any such increased costs); (iv) the Tenant's Work would violate any governmental laws, rules or ordinances ordinances; (or interpretations thereof); v) the Tenant's Work contains or uses would require the use of hazardous or toxic materials or substances which are not customarily used material in any unlawful manner; (vi) the building trade; the Tenant's Work would adversely affect (A) the exterior appearance of the BuildingBuilding or (B) the interior appearance of the Building if visible from the common corridors or other common or public areas on any floor in which Tenant is not leasing the entire such floor as part of the Premises; or (vii) the Tenant's Work might materially would adversely affect another tenant’s 's premises; or the Work is prohibited by any mortgage or trust deed encumbering the Building. The foregoing reasons, however, shall not be exclusive of the reasons, reasons for which Landlord may withhold consent, whether or not such other reasons are similar or dissimilar to the foregoing. Landlord shall cooperate with Tenant by discussing or reviewing preliminary plans and specifications at Tenant's request prior to completion of the full, final detailed Plans in order to expedite the preparation of and the subsequent approval process concerning the final Plans. If Landlord notifies Tenant that changes are required to the final Plans submitted by Tenant, Tenant shall submit to Landlord, for its approval, the Plans amended in accordance with the changes so required. Such submission of revised Plans shall be accompanied by a written point by point response from Tenant specifically responding to any disapprovals or other responses delivered by Landlord to Tenant. Landlord shall give its approval or disapproval (giving reasons in case of disapproval) of any such revised Plans within five (5) business days after their delivery to Landlord. The Plans shall also be revised, and the Tenant's Work shall be changed, all at Tenant’s cost and expense, to incorporate any work required in the Premises by any local governmental field inspector. Landlord’s 's approval of the Plans shall in no way be deemed to be (i) an acceptance or approval of any element therein contained which is in violation of any applicable statutes, laws, ordinances, regulations orders, codes, rules, regulations, building or fire codes or other governmental requirements. (c) Upon Landlord's approval of the Plans, at Tenant's express written request, Landlord shall designate in writing any affixed appurtenances which are part of Tenant's Work which Tenant shall be required to remove upon the expiration of the Lease. Any such agreement entered into in writing by Landlord shall be binding on Landlord at expiration of the Lease. (d) No Tenant's Work shall be undertaken or commenced by Tenant in the Premises until: (i) The Plans for the Premises have been submitted to and approved by Landlord (which approval shall not be unreasonably withheld or delayed as provided in Section 3(b) hereinabove). (ii) an assurance All necessary building permits have been obtained by Tenant. (iii) All required insurance coverages have been obtained by Tenant, it being understood that failure of Landlord to receive evidence of such coverage upon commencement of the Tenant's Work shall not waive Tenant's obligations to obtain such coverages. (iv) Items required to be submitted to Landlord prior to commencement of construction of the Tenant's Work have been so submitted and have been approved, where required. (e) Tenant, at Tenant's option, may retain Landlord as construction manager for all or any portion of Tenant's Work, if Landlord agrees to perform such construction management services. In the event that Tenant elects to retain Landlord as construction manager and Landlord agrees to perform such construction management services, Tenant and Landlord shall, at Landlord's request, enter into Landlord's standard form of workletter or tenant construction agreement for similar work done pursuant in the Building, subject to Tenant's approval thereof and with mutually agreed upon changes thereto and with agreed-upon fees payable to Landlord in connection therewith in the amount of three percent (3%) of the "hard" costs associated with the applicable Tenant's Work. In the event Tenant does not so engage Landlord as construction manager, then Tenant shall have the right to retain its own construction manager or general contractor for construction of the Tenant's Work, subject to Landlord's reasonable approval as provided herein, whereupon Landlord shall not be entitled to any general coordination/supervision fee relative to the Approved Plans will comply with all applicable laws (or with the interpretations thereof) or satisfy Tenant’s objectives and needs's Work, except as expressly provided in Paragraph 5 below.

Appears in 1 contract

Samples: Lease (FSP 303 East Wacker Drive Corp.)

PRE-CONSTRUCTION ACTIVITIES. (a) Prior to Tenant’s On or before the commencement of construction of the WorkTenant's Work (and, in any event, on or before the Commencement Date), Tenant shall submit the following information and items to Landlord for Landlord’s 's review and approval:approval (which approval shall not be unreasonably withheld or delayed as described in paragraph 3(b) below): (i) A detailed construction schedule containing the major components of the Tenant's Work and the estimated time required for each, including the scheduled commencement date of construction of the Tenant's Work, milestone dates and the estimated date of completion of construction. (ii) An itemized statement of estimated construction costs, including permits and architectural and engineering fees. (iii) The names and addresses of Tenant’s 's contractors (and said the contractor’s subcontractors's subcontractors and vendors) and materialmen to be engaged by Tenant for the Tenant's Work and of any construction manager proposed to be engaged by Tenant for the Tenant's Work (individually, a “Tenant Contractor,” and collectively, "Tenant’s 's Contractors"). Landlord has the right to reasonably approve or disapprove all Tenant's Contractors, which approval shall not be unreasonably withheld or delayed. Tenant shall not employ as Tenant's Contractors any one persons or more entities so disapproved by Landlord. If Landlord has affirmatively approved only certain contractor(s) and/or subcontractor(s) from Tenant's list, Tenant shall employ as Tenant's Contractors only those persons or entities so approved. Without limitation of Tenant’s Contractors. the foregoing, Landlord may, at its election, designate a list of approved hereby pre-approves those contractors and/or subcontractors listed on Attachment 2 hereto for performance of those the Tenant's Work or portions of work involving electrical, mechanical, plumbing, heating, air conditioning or life safety systems, from which Tenant must select its contractors for such designated portions of workthereof. (iiiv) Certificates Tenant's Architect's (as hereinafter defined) written statement that Tenant's Architect has visited the site, inspected and verified existing conditions as such conditions affect the Plans and construction of the Tenant's Work and that Tenant's Architect has verified and confirmed the itemized statement of estimated construction costs delivered under Paragraph 3(a)(ii) above. (v) Security in form and substance acceptable to Landlord in order to secure Tenant's ability to pay any excess costs for the Tenant's Work above the Net Allowance (as defined in Paragraph 9 below) being provided by Landlord hereunder, but only if the cost of the Tenant's Work is estimated to cost more than 125% of said Net Allowance. (vi) Certified copies of insurance policies or certificates of insurance as hereinafter described. Tenant shall not permit Tenant’s 's Contractors to commence work until the required insurance has been obtained and certified copies of policies or certificates have been delivered to Landlord. (iiivii) The Plans (as hereinafter defined) for the Tenant's Work, which Plans shall be subject to Landlord’s 's approval in accordance with Section 4(bParagraph 3(b) below. Tenant will update such information and items by notice to Landlord of any changes. Landlord shall promptly (or as otherwise required by this Workletter) review all submissions made by Tenant. (b) As used herein the term “Approved "Plans" shall mean the Plans (as hereinafter defined), as and when approved in writing by Landlord. As used herein, the term “Plans” shall mean the full and detailed architectural and engineering plans and specifications covering the Tenant's Work (including, without limitation, architectural, mechanical mechanical, electrical, life safety, fire protection and electrical plumbing working drawings for the Tenant's Work). The Plans shall include the minimum information shown on Attachment 1 attached hereto and incorporated herein. Subject to Landlord's payment of the Allowance (as hereinafter defined), Tenant shall pay all costs and expenses of preparing the Plans. The Plans shall be subject to Landlord’s 's approval (not to be unreasonably withheld or delayed, as hereinafter described) and the approval of all local governmental authorities requiring approval of the work and/or the Approved Planapproval, if any. Landlord shall give its approval or disapproval (giving general reasons in case of disapproval) of the Plans within ten seven (107) business days after their delivery to Landlord. Landlord agrees not to unreasonably withhold its approval of said Plans; provided, however, that Landlord shall not be deemed to have acted unreasonably if it withholds its approval of the Plans consent because, in Landlord’s reasonable 's opinion: (i) the Tenant's Work as shown in the Plans is are likely to adversely affect Building systems, the structure of the Building or the safety of the Building and/or and its occupants; (ii) the Tenant's Work as shown on the Plans might impair would adversely affect Landlord’s 's ability to furnish services to Tenant or other tenants; (iii) the Tenant's Work would increase the cost of operating the Building; (iv) the Tenant's Work would violate any governmental laws, rules or ordinances ordinances; (or interpretations thereof); v) the Tenant's Work contains or uses would require the use of hazardous or toxic materials or substances which are not customarily used material in any unlawful manner; (vi) the building trade; the Tenant's Work would adversely affect the appearance of the Building; or (vii) the Tenant's Work might materially adversely affect would require entry into, or otherwise affect, another tenant’s premises; 's premises or the Work is prohibited by any mortgage or trust deed encumbering public area of the Building. The foregoing reasons, however, shall not be exclusive of the reasons, reasons for which Landlord may withhold consent, whether or not such other reasons are similar or dissimilar to the foregoing. Landlord shall cooperate with Tenant by discussing or reviewing preliminary plans and specifications at Tenant's request prior to completion of the full, final detailed Plans in order to expedite the preparation of and the subsequent approval process concerning the final Plans. If Landlord notifies Tenant that changes are required to the final Plans submitted by Tenant, then Landlord shall provide a written response to Tenant describing the nature of such changes required by Landlord, and Tenant shall submit to Landlord, for its approval, the Plans amended in accordance with the changes so required. Such submission of revised Plans shall be accompanied by a written point by point response from Tenant specifically responding to any disapprovals or other responses delivered by Landlord to Tenant. Landlord shall give its approval or disapproval (giving reasons in case of disapproval) of any such revised Plans within five (5) business days after their delivery to Landlord. The Plans shall also be revised, and the Tenant's Work shall be changed, all at Tenant’s cost and expense, to incorporate any work required in the Premises by any local governmental field inspector. Landlord’s 's approval of the Plans shall in no way be deemed to be (i) an acceptance or approval of any element therein contained which is in violation of any applicable statutes, laws, ordinances, regulations orders, codes, rules, regulations, building or fire codes or other governmental requirements, or (ii) an assurance that work done pursuant to the Approved Plans will comply with all applicable laws (or with the interpretations thereof) or satisfy Tenant’s objectives and needs.

Appears in 1 contract

Samples: Office Lease (Imanage Inc)

AutoNDA by SimpleDocs

PRE-CONSTRUCTION ACTIVITIES. (a) Prior to Tenant’s commencement of the WorkOn or before FEBRUARY 14, 2003, Tenant shall submit the following information and items to Landlord for Landlord’s 's review and approval: (i) A detailed critical path construction schedule containing the major components of the Work and the time required for each, including the scheduled commencement date of construction of the Work, milestone dates and the estimated date of completion of construction. (ii) An itemized statement of estimated construction cost, including fees for permits and architectural and engineering fees. (iii) Evidence satisfactory to Landlord in all respects of Tenant's ability to pay the cost of the Work as and when payments become due. (iv) The names and addresses of Tenant’s 's contractors (and said contractor’s 's subcontractors) and materialmen material men to be engaged by Tenant for the Work (individually, a "Tenant Contractor," and collectively, "Tenant’s 's Contractors"). Landlord has the right to reasonably approve or disapprove all or any one or more of Tenant’s 's Contractors. Landlord may, at its election, designate a list of approved contractors for performance of those portions of work involving electrical, mechanical, plumbing, heating, air conditioning or life safety systems, from which Tenant must select its contractors for such designated portions of work. (iiv) Certificates Certified copies of Insurance policies or certificates of insurance as hereinafter described. Tenant shall not permit Tenant’s 's Contractors to commence work until the required insurance has been obtained and certified copies of policies or certificates have been delivered to Landlord. (iiivi) Payment and performance bonds for all of Tenant's Contractors naming Landlord (or an agent, designee or representative appointed by Landlord's written notice to Tenant given prior to Tenant's procurement of paid bonds) as dual obligee. (vii) The Plans (as hereinafter defined) for the Work, which Plans shall be subject to Landlord’s 's approval in accordance with Section 4(bParagraph 2(b) below. Tenant will update such information and items by notice to Landlord of any changes. (b) As used herein the term "Approved Plans" shall mean the Plans (as hereinafter defined), as and when approved in writing by Landlord. As used herein, the term "Plans" shall mean the full and detailed architectural and engineering plans and specifications covering the Work (including, without limitation, architectural, mechanical and electrical working drawings for the Work). The Plans shall be subject to Landlord’s 's approval and the approval of all local governmental authorities requiring approval of the work and/or the Approved Plan. Landlord shall give its approval or disapproval (giving general reasons in case of disapproval) of the Plans within ten Five (105) business days after their delivery to Landlord. Landlord agrees not to unreasonably withhold its approval of said Plans; provided, however, that Landlord shall not be deemed to have acted unreasonably if it withholds its approval of the Plans because, in Landlord’s 's reasonable opinion: the Work as shown in the Plans is likely to adversely affect Building systems, the structure of the Building or the safety of the Building and/or its occupants; the Work as shown on the Plans might impair Landlord’s 's ability to furnish services to Tenant or other tenants; the Work would increase the cost of operating the Building; the Work would violate any governmental laws, rules or ordinances (or interpretations thereof); the Work contains or uses hazardous or toxic materials or substances which are not customarily used in the building tradesubstances; the Work would adversely affect the appearance of the Building; the Work might materially adversely affect another tenant’s 's premises; or the Work is prohibited by any mortgage or trust deed encumbering the Building. The foregoing reasons, however, shall not be exclusive of the reasons, reasons for which Landlord may withhold consent, whether or not such other reasons are similar or dissimilar to the foregoing. If Landlord notifies Tenant that changes are required to the final Plans submitted by Tenant, Tenant shall shall, within three (3) business days thereafter, submit to Landlord, for its approval, the Plans amended in accordance with the changes so required. The Plans shall also be revised, and the Work shall be changed, all at Tenant’s 's cost and expense, to incorporate any work required in the Premises by any local governmental field inspector. Landlord’s 's approval of the Plans shall in no way be deemed to be (i) an acceptance or approval of any element therein contained which is in violation of any applicable laws, ordinances, regulations or other governmental requirements, or (ii) an assurance that work done pursuant to the Approved Plans will comply with all applicable laws (or with the interpretations thereof) or satisfy Tenant’s 's objectives and needs.

Appears in 1 contract

Samples: Retail Lease (Nara Bancorp Inc)

PRE-CONSTRUCTION ACTIVITIES. (a) On or before the commencement of the Work, Tenant shall submit the Plans (as hereinafter defined) for the Work, which Plans shall be subject to Landlord’s approval which will not be unreasonably withheld, conditioned or delayed. Prior to Tenant’s commencement of the Work, Tenant shall submit the following information and items to Landlord for Landlord’s review and approval, which will not be unreasonably withheld, conditioned or delayed: (i) A budget (the “Budget”) and an itemized statement of estimated construction and other costs (as such figure may be revised from time to time, the “Cost” or “Costs”), including all fees for permits and architectural and engineering fees and a reasonable contingency reserve. Such Budget and Cost amounts shall be revised as is reasonably necessary to reflect actual costs due to change orders, as shown in contracts, or for other reasons during the progress of the Work. (ii) The names and addresses of Tenant’s contractors (and said contractor’s subcontractors) and materialmen to be engaged by Tenant for the Work (individually, a “Tenant Contractor,” and collectively, “Tenant’s Contractors”). Landlord has the right to reasonably approve or disapprove all or any one or more Each of Tenant’s ContractorsContractors shall be subject to the prior written approval of Landlord, which approval shall not be unreasonably withheld, conditioned or delayed. If such contractor complies with Landlord’s reasonable criteria and is duly qualified to perform the Work, Landlord shall approve such contractor. Landlord may, at its election, designate provide a list of approved contractors for performance of those portions of work involving electrical, mechanical, plumbing, heating, air conditioning or life safety systems, from which Tenant must may select its contractors or subcontractors for such designated portions of workwork and such contractors or subcontractors will be included in Tenant’s bid process. (iiiii) Certificates Certified copies of insurance policies or certificates of insurance as hereinafter described. Tenant shall not permit Tenant’s Contractors to commence work until the required insurance has been obtained and certified copies of policies or certificates have been delivered to Landlord. (iii) The Plans (as hereinafter defined) for the Work, which Plans shall be subject to Landlord’s approval in accordance with Section 4(b) below. Tenant will update such information and items by notice to Landlord of any changeschanges thereto. (b) As used herein the term “Approved Plans” shall mean the Plans (as hereinafter defined), as and when approved in writing by Landlord. As used herein, the term “Plans” shall mean the full and detailed architectural and engineering plans and specifications covering the Work (including, without limitation, architectural, structural, mechanical, electrical, plumbing, HVAC, and life safety work and all other items for which the Allowance is to be used and all architectural, mechanical and electrical working drawings for the such Work). The Plans shall be subject to Landlord’s reasonable approval as provided herein, which approval shall not be unreasonably withheld, conditioned or delayed, and to the approval of all local governmental authorities requiring approval of the work Work and/or the Approved PlanPlans. Landlord shall give its approval or disapproval respond to Tenant’s submission of the Plans (giving general detailed reasons in case of disapproval) of the Plans within ten seven (107) business days after their delivery to Landlord. Landlord agrees not to unreasonably withhold withhold, condition or delay its approval of said Plans; provided, however, that Landlord shall not be deemed to have acted unreasonably if it withholds its it approval of the Plans because, in Landlord’s reasonable opinion: the Work as shown in the Plans is substantially likely to adversely affect Building systems, the structure of the Building or the safety of the Building and/or its occupants; the Work as shown on the Plans might is reasonably likely to impair Landlord’s ability to furnish services to Tenant or other tenants; the Work would increase the cost of operating the Building; the Work would violate any governmental laws, rules or ordinances Laws (or interpretations thereof); the Work is not in accordance with then-current Building standards; the Work contains or uses hazardous or toxic materials or substances which are not customarily used in the building tradesubstances; the Work would adversely affect the appearance of the BuildingBuilding outside of the Premises; or the Work might materially has a reasonable likelihood of adversely affect affecting another tenant’s premises; or the Work is prohibited by any mortgage or trust deed encumbering the Building. The foregoing reasons, however, shall not be exclusive of the reasons, reasons for which Landlord may withhold consent, whether or not such other reasons are similar or dissimilar to the foregoing. If Landlord notifies Tenant that changes are required to the final Plans submitted by Tenant, Tenant shall prior to commencement of any Work, submit to Landlord, for its approval, the Plans amended in accordance with the changes so required. Landlord shall respond to Tenant’s submission of such amended Plans within three (3) business days of receipt, it being agreed that Landlord’s approval thereto shall be limited to those items to which Landlord had objected pursuant to the prior submission of the Plans. Such procedure for review with respect to any further objections to the Plans by Landlord shall continue until the Plans are finally approved by Landlord. If Landlord fails to respond to any request for approval of Plans within the time period provided herein, Tenant shall send a further notice to Landlord with the following typed in bold face type in a clearly visible location on the outside of the notice: “THIS CONTAINS PLANS SUBMITTED TO LANDLORD PURSUANT TO A LEASE. LANDLORD’S FAILURE TO RESPOND IN WRITING WITHIN THREE (3) BUSINESS DAYS SHALL BE DEEMED TO CONSTITUTE LANDLORD’S APPROVAL OF SUCH PLANS.” If Landlord fails to respond within three (3) business days after receipt of such second notice, Landlord shall be deemed to have approved the Plans as submitted. The Plans shall also be revised, and the Work shall be changed, all at Tenant’s cost and expenseexpense (but payable from the Allowance), to incorporate any work required in the Premises by any local governmental field inspector. Landlord’s approval of the Plans shall in no way be deemed to be (i) an acceptance or approval of any element therein contained which is in violation of any applicable laws, ordinances, regulations or other governmental requirementsLaws, or (ii) an assurance that work done pursuant to the Approved Plans will comply with all applicable laws Laws (or with the interpretations thereof) or satisfy Tenant’s objectives and needs.

Appears in 1 contract

Samples: Lease (Huron Consulting Group Inc.)

PRE-CONSTRUCTION ACTIVITIES. (a) Prior On or before thirty (30) days prior to Tenant’s commencement of the Work, Tenant shall submit the following information and items to Landlord for Landlord’s 's review and approval: (i) A detailed critical path construction schedule containing the major components of the Work and the time required for each, including the scheduled commencement date of construction of the Work, milestone dates and the estimated date of completion of construction. (ii) An itemized statement of estimated construction cost, including fees for permits and architectural and engineering fees. (iii) Evidence satisfactory to Landlord in all respects of Tenant's ability to pay the cost of the Work as and when payments become due. (iv) The names and addresses of Tenant’s 's contractors (and said contractor’s 's subcontractors) and materialmen to be engaged by Tenant for the Work (individually, a "Tenant Contractor," and collectively, "Tenant’s 's Contractors"). Landlord has the right to reasonably approve or disapprove all or any one or more of Tenant’s 's Contractors. Landlord may, at its election, designate a list of approved contractors for performance of those portions of work involving electrical, mechanical, plumbing, heating, air conditioning or life safety systems, from which Tenant must select its contractors for such designated portions of work. (iiv) Certificates Certified copies of insurance policies or certificates of insurance as hereinafter described. Tenant shall not permit Tenant’s 's Contractors to commence work until the required insurance has been obtained and certified copies of policies or certificates have been delivered to Landlord. (iiivi) Payment and performance bonds for all of Tenant's Contractors naming Landlord (or an agent, designee or representative appointed by Landlord's written notice to Tenant given prior to Tenant's procurement of paid bonds) as a dual obligee. (vii) The Plans (as hereinafter defined) for the Work, which Plans shall be subject to Landlord’s 's approval in accordance with Section 4(bParagraph 2(b) below. Tenant will update such information and items by notice to Landlord of any changes.. EXHIBIT B --------- -1- (b) As used herein the term "Approved Plans" shall mean the Plans (as hereinafter defined), as and when approved in writing by Landlord. As used herein, the term "Plans" shall mean the full and detailed architectural and engineering plans and specifications covering the Work (including, without limitation, architectural, mechanical and electrical working drawings for the Work). The Plans shall be subject to Landlord’s 's approval and the approval of all local governmental authorities requiring approval of the work and/or the Approved Plan. Landlord shall give its approval or disapproval (giving general reasons in case of disapproval) of the Plans within ten (10fifteen ( 15 ) business days after their delivery to Landlord. Landlord agrees not to unreasonably withhold its approval of said Plans; provided, however, that Landlord shall not be deemed to have acted unreasonably if it withholds its approval of the Plans because, in Landlord’s 's reasonable opinion: the Work as shown in the Plans is likely to adversely affect Building systems, the structure of the Building or the safety of the Building and/or its occupants; the Work as shown on the Plans might impair Landlord’s 's ability to furnish services to Tenant or other tenants; the Work would increase the cost of operating the Building; the Work would violate any governmental laws, rules or ordinances (or interpretations thereof); the Work contains or uses hazardous or toxic materials or substances which are not customarily used in the building tradesubstances; the Work would adversely affect the appearance of the Building; the Work might materially adversely affect another tenant’s 's premises; or the Work is prohibited by any mortgage or trust deed encumbering the Building. The foregoing reasons, however, shall not be exclusive of the reasons, reasons for which Landlord may withhold consent, whether or not such other reasons are similar or dissimilar to the foregoing. If Landlord notifies Tenant that changes are required to the final Plans submitted by Tenant, Tenant shall shall, within three (3) business days thereafter, submit to Landlord, for its approval, the Plans amended in accordance with the changes so required. The Plans shall also be revised, and the Work shall be changed, all at Tenant’s 's cost and expense, to incorporate any work required in the Premises by any local governmental field inspector. Landlord’s 's approval of the Plans shall in no way be deemed to be (i) an acceptance or approval of any element therein contained which is in violation of any applicable laws, ordinances, regulations or other governmental requirements, or (ii) an assurance that work done pursuant to the Approved Plans will comply with all applicable laws (or with the interpretations thereof) or satisfy Tenant’s 's objectives and needs.

Appears in 1 contract

Samples: Lease (McDonald & Co Investments Inc)

PRE-CONSTRUCTION ACTIVITIES. (a) On or before the commencement of the Work, Tenant shall submit the Plans (as hereinafter defined) for the Work, which Plans shall be subject to Landlord’s approval which will not be unreasonably withheld, conditioned or delayed. Prior to Tenant’s commencement of the Work, Tenant shall submit the following information and items to Landlord for Landlord’s review and approval, which will not be unreasonably withheld, conditioned or delayed: (i) A budget (the “Budget”) and an itemized statement of estimated construction and other costs (as such figure may be revised to reflect actual costs, the “Costs”), including all fees for permits and architectural and engineering fees and a reasonable contingency reserve. (ii) The names and addresses of Tenant’s contractors (and said contractor’s subcontractors) and materialmen to be engaged by Tenant for the Work (individually, a “Tenant Contractor,” and collectively, “Tenant’s Contractors”). Landlord has the right to reasonably approve or disapprove all or any one or more Each of Tenant’s ContractorsContractors shall be subject to the prior written approval of Landlord, which approval shall not be unreasonably withheld, conditioned or delayed if such contractor complies with Landlord’s reasonable criteria and is duly qualified to perform the Work. Landlord may, at its election, designate provide a list of approved contractors for performance of those portions of work involving electrical, mechanical, plumbing, heating, air conditioning or life safety systems, from which Tenant must may select its contractors or subcontractors for such designated portions of workwork and such contractors or subcontractors will be included in Tenant’s bid process. (iiiii) Certificates Certified copies of insurance policies or certificates of insurance as hereinafter described. Tenant shall not permit Tenant’s Contractors to commence work until the required insurance has been obtained and certified copies of policies or certificates have been delivered to Landlord. (iii) The Plans (as hereinafter defined) for the Work, which Plans shall be subject to Landlord’s approval in accordance with Section 4(b) below. Tenant will update such information and items by notice to Landlord of any changeschanges thereto. (b) As used herein the term “Approved Plans” shall mean the Plans (as hereinafter defined), as and when approved in writing by Landlord. As used herein, the term “Plans” shall mean the full and detailed architectural and engineering plans and specifications covering the Work (including, without limitation, all items for which the Additional Premises Allowance is to be used and all architectural, mechanical and electrical working drawings for the Work). The Plans shall be subject to Landlord’s reasonable approval as provided herein, which approval shall not be unreasonably withheld, conditioned or delayed, and to the approval of all local governmental authorities requiring approval of the work Work and/or the Approved PlanPlans. Landlord shall give its approval or disapproval respond to Tenant’s submission of the Plans (giving general detailed reasons in case of disapproval) of the Plans within ten seven (107) business days after their delivery to Landlord. Landlord agrees not to unreasonably withhold withhold, condition or delay its approval of said Plans; provided, however, that Landlord shall not be deemed to have acted unreasonably if it withholds its it approval of the Plans because, in Landlord’s reasonable opinion: the Work as shown in the Plans is substantially likely to adversely affect Building systems, the structure of the Building or the safety of the Building and/or its occupants; the Work as shown on the Plans might impair Landlord’s ability to furnish services to Tenant or other tenants; the Work would increase the cost of operating the Building; the Work would violate any governmental laws, rules or ordinances Laws (or interpretations thereof); the Work is not in accordance with then-current Building standards; the Work contains or uses hazardous or toxic materials or substances which are not customarily used in the building tradesubstances; the Work would adversely affect the appearance of the Building; or the Work might materially adversely affect another tenant’s premises; or the Work is prohibited by any mortgage or trust deed encumbering the Building. The foregoing reasons, however, shall not be exclusive of the reasons, reasons for which Landlord may withhold consent, whether or not such other reasons are similar or dissimilar to the foregoing. If Landlord notifies Tenant that changes are required to the final Plans submitted by Tenant, Tenant shall prior to commencement of any Work, submit to Landlord, for its approval, the Plans amended in accordance with the changes so required. Landlord shall respond to Tenant’s submission of such amended Plans within seven (7) business days of receipt, it being agreed that Landlord’s approval thereto shall be limited to those items to which Landlord had objected pursuant to the prior submission of the Plans. Such procedure for review with respect to any further objections to the Plans by Landlord shall continue until the Plans are finally approved by Landlord. If Landlord fails to respond to any request for approval of Plans within the time period provided herein, Tenant shall send a further notice to Landlord with the following typed in bold face type in a clearly visible location on the outside of the notice: “THIS CONTAINS PLANS SUBMITTED TO LANDLORD PURSUANT TO A LEASE. LANDLORD’S FAILURE TO RESPOND IN WRITING WITHIN THREE (3) BUSINESS DAYS SHALL BE DEEMED TO CONSTITUTE LANDLORD’S APPROVAL OF SUCH PLANS.” If Landlord fails to respond within three (3) business days after receipt of such second notice, Landlord shall be deemed to have approved the Plans as submitted. The Plans shall also be revised, and the Work shall be changed, all at Tenant’s cost and expenseexpense (but payable from the Additional Premises Allowance), to incorporate any work required in the Additional Premises and/or Existing Premises by any local governmental field inspector. Landlord’s approval of the Plans shall in no way be deemed to be (i) an acceptance or approval of any element therein contained which is in violation of any applicable laws, ordinances, regulations or other governmental requirementsLaws, or (ii) an assurance that work done pursuant to the Approved Plans will comply with all applicable laws Laws (or with the interpretations thereof) or satisfy Tenant’s objectives and needs.

Appears in 1 contract

Samples: Lease (Huron Consulting Group Inc.)

PRE-CONSTRUCTION ACTIVITIES. (a) Prior to Tenant’s commencement Within thirty (30) days after the execution of the WorkFirst Amendment to Lease by Landlord and Tenant, Tenant shall submit the following information and items to Landlord for Landlord’s review and approval:approval which approval or disapproval (giving reasons in case of disapproval) shall be given within five (5) Business Days of Landlord’s receipt of each of the following items (provided, however the approval of the Plans shall be governed by Section 3(b) below): (i) A detailed construction schedule containing the major components of the Leasehold Improvements and the time required for each, including the scheduled commencement date of construction of the Leasehold Improvements, milestone dates (“Construction Milestone Dates”) and the estimated date of completion of construction. (ii) An itemized statement of estimated construction costs, including permits and architectural and engineering fees. (iii) The names and addresses of Tenant’s contractors (and said the Tenant’s contractor’s subcontractorssubcontractors and vendors) and materialmen to be engaged by Tenant for the Work Leasehold Improvements (individually, a “Tenant Contractor,” and collectively, “Tenant’s Contractors”). Landlord has and Tenant agree that Tenant shall utilize XxXxxxx Engineering for all engineering drawings that are prepared in connection with the right Leasehold Improvements. Notwithstanding the time frame for approval or disapproval described in Article 3(a) above, if Landlord is not familiar with any of the contractors or subcontractors submitted by Tenant, Landlord shall have an additional five (5) Business Days to reasonably review and approve or disapprove all said contractors or any one or more of Tenant’s Contractors. Landlord may, at its election, designate a list of approved contractors for performance of those portions of work involving electrical, mechanical, plumbing, heating, air conditioning or life safety systems, from which Tenant must select its contractors for such designated portions of worksubcontractors. (iiiv) Tenant’s Architect’s (as hereinafter defined) written statement that Tenant’s Architect has visited the site, inspected and verified existing conditions as such conditions affect the Plans and construction of the Leasehold Improvements. (v) A written statement from Tenant’s Architect accepting the Substitution Space in its “As-Is” condition. (vi) Certificates of insurance as hereinafter describeddescribed in Article 7. Tenant shall not permit Tenant’s Contractors to commence work until the required insurance has been obtained and certified copies of policies or certificates have been delivered to Landlord. (iiivii) The Plans (as hereinafter defined) for the WorkLeasehold Improvements, which Plans shall be subject to Landlord’s approval in accordance with Section 4(bParagraph 3(b) below. Tenant will update such information and items by notice to Landlord of any changes. (b) As used herein the term “Approved Plans” shall mean the Plans (as hereinafter defined), as and when approved in writing by Landlord. As used herein, the term “Plans” shall mean the full and detailed construction drawings, architectural and engineering plans and specifications covering the Work Leasehold Improvements (including, without limitation, architectural, mechanical mechanical, electrical, life safety, fire protection and electrical plumbing working drawings for the WorkLeasehold Improvements). Subject to Landlord’s Contribution, Tenant shall pay all costs and expenses of preparing the Plans. The Plans shall be subject to Landlord’s approval which shall not be unreasonably withheld or delayed and the approval of all local governmental authorities requiring approval of the work and/or the Approved Planapproval, if any. Landlord shall give its approval or disapproval (giving general reasons in case of disapproval) of the Plans within ten seven (107) business days Business Days after their delivery to Landlord. If Landlord fails to give its approval or disapproval of the Plans within said seven (7) Business Day period, Tenant may send a written notice to Landlord stating that Landlord’s failure to approve or disapprove the Plans submitted by Tenant within three (3) additional days shall be deemed approval. If Landlord fails to approve or disapprove of the Plans within three (3) days of receipt of the second request for approval then the Plans shall be deemed approved. Landlord agrees not to unreasonably withhold its approval of said Plans; provided, however, that Landlord shall not be deemed to have acted unreasonably if it withholds its approval of the Plans consent because, in Landlord’s reasonable opinion: (i) the Work as shown in the Plans is Leasehold Improvements are likely to adversely affect Building systems, the structure of the Building or the safety of the Building and/or and its occupants; (ii) the Work as shown on the Plans might impair Leasehold Improvements would adversely affect Landlord’s ability to furnish services to Tenant or other tenants; (iii) the Work Leasehold Improvements would increase the cost of operating the BuildingBuilding (unless Tenant agrees to pay such additional costs); (iv) the Work Leasehold Improvements would violate any governmental laws, rules Requirements; (v) the Leasehold Improvements contain or ordinances would require the use of Hazardous Substances; (or interpretations thereof); vi) the Work contains or uses hazardous or toxic materials or substances which are not customarily used in the building trade; the Work Leasehold Improvements would materially and adversely affect the exterior appearance of the Building; or (vii) the Work might materially Leasehold Improvements would adversely affect another tenant’s premises; or the Work is prohibited by any mortgage or trust deed encumbering the Building. The foregoing reasons, however, shall not be exclusive of the reasons, reasons for which Landlord may withhold consent, whether or not such other reasons are similar or dissimilar to the foregoing. Landlord shall cooperate with Tenant by discussing or reviewing preliminary plans and specifications at Tenant’s request prior to completion of the full, final detailed Plans in order to expedite the preparation of and the subsequent approval process concerning the final Plans. If Landlord notifies Tenant that changes are required to the final Plans submitted by Tenant, Tenant shall shall, within five (5) Business Days thereafter, submit to Landlord, for its approval, the Plans amended in accordance with the changes so required. Such submission of revised Plans shall be accompanied by a written point by point response from Tenant specifically responding to any disapprovals or other responses delivered by Landlord to Tenant. Landlord shall give its approval or disapproval (giving reasons in case of disapproval) of the changes to the Plans within three (3) Business Days after their delivery to Landlord. The Plans shall also be revised, and the Work Leasehold Improvements shall be changed, all at Tenant’s cost and expense, to incorporate any work required in the Premises Substitution Space by any local governmental field inspector. Landlord’s approval of the Plans shall in no way be deemed to be (i) an acceptance or approval of any element therein contained which is in violation of any applicable laws, ordinances, regulations or other governmental requirements, or (ii) an assurance that work done pursuant to the Approved Plans will comply with all applicable laws (or with the interpretations thereof) or satisfy Tenant’s objectives and needsRequirements.

Appears in 1 contract

Samples: Lease Agreement (Deerfield Capital Corp.)

PRE-CONSTRUCTION ACTIVITIES. (a) Prior to commencing any of the Tenant’s commencement of the Work, Tenant shall submit the following information and items to Landlord for Landlord’s 's review and approvalapproval with respect thereto: (i) A detailed construction schedule containing the major components of the Tenant's Work and the time required for each, including the scheduled commencement date of construction of the Tenant's Work, milestone dates and the estimated date of completion of construction. (ii) An itemized statement of estimated construction costs, including permits and architectural and engineering fees. (iii) The names and addresses of Tenant’s 's contractors (and said the contractor’s subcontractors's subcontractors as well as any vendors who will be delivering materials directly to the Building site) and materialmen to be engaged by Tenant for the Tenant's Work and of any construction manager proposed to be engaged by Tenant for the Tenant's Work (individually, a “Tenant Contractor,” and collectively, "Tenant’s 's Contractors"). Landlord has the right to reasonably approve or disapprove all Tenant's Contractors, which approval shall not be unreasonably withheld or any one delayed. Landlord shall give its approval or more disapproval of the proposed Tenant’s ContractorsContractors designated by Tenant within five(5) days after Tenant’s submittal thereof to Landlord. Tenant shall not employ as Tenant's Contractors any persons or entities so disapproved by Landlord. If Landlord has affirmatively approved only certain contractor(s) and/or subcontractor(s) from Tenant's list, Tenant shall employ as Tenant's Contractors only those persons or entities so approved. Landlord may, at its election, designate a list of approved contractors for performance of those portions of work involving affecting electrical, mechanical, plumbing, heating, air conditioning plumbing or life safety systemssystems (“Approved Building System Contractors”), from which Tenant must select its contractors for such designated portions work. Without limitation of workthe foregoing, Landlord hereby confirms that any of the contractors listed on Attachment 1(a) hereto will be an approved general contractor for Tenant to engage relative to the performance of the Tenant’s Work and any of the contractors listed on Attachment 1(b) hereto shall be an Approved Building System Contractor for Tenant or the general contractor to engage for performance of work affecting electrical mechanical, plumbing or life safety systems. For purposes hereof, the term "life safety systems" shall include the Building's fire protection/sprinkler system, strobes, and speakers connected to the Building's annunciator panel. (iiiv) Certificates A written statement from Tenant, acting in its capacity as architect for the Tenant’s Work, stating that Tenant has visited the site, inspected and verified existing conditions as such conditions affect the Plans and construction of the Tenant's Work. (v) Certified copies of insurance policies or certificates of insurance as hereinafter described. Tenant shall not permit Tenant’s 's Contractors to commence work until the required insurance has been obtained and certified copies of policies or certificates have been delivered to Landlord. (iiivi) The Plans (as hereinafter defined) for the Tenant's Work, which Plans shall be subject to Landlord’s 's approval in accordance with Section 4(bParagraph 3(b) below. Tenant will update such information and items by notice to Landlord of any changes, which changes shall be subject to Landlord’s prior approval hereunder. Landlord shall promptly (or as otherwise required by this Workletter) review all submissions made by Tenant. (b) As used herein the term “Approved "Plans" shall mean the Plans (as hereinafter defined), as and when approved in writing by Landlord. As used herein, the term “Plans” shall mean the full and detailed architectural and engineering plans and specifications covering the Tenant's Work (including, without limitation, architectural, mechanical mechanical, electrical, life safety, fire protection and electrical plumbing working drawings for the Tenant's Work). The Plans shall include the minimum information shown on Attachment 2 attached hereto and incorporated herein. Subject to the Allowance (as hereinafter defined) and the Space Plan Allowance (as hereinafter defined), Tenant shall pay all costs and expenses of preparing the Plans. The Plans shall be subject to Landlord’s 's approval (not to be unreasonably withheld) and the approval of all local governmental authorities requiring approval of the work and/or the Approved Planapproval, if any. Landlord shall give its approval or disapproval (giving general reasons in case of disapproval) of the Plans within ten seven (107) business days after their delivery to Landlord. Landlord agrees not to unreasonably withhold its approval of said Plans; provided, however, that Landlord shall not be deemed to have acted unreasonably if it withholds its approval of the Plans consent because, in Landlord’s 's reasonable opinion: (i) the Tenant's Work as shown in the Plans is likely to adversely affect Building systems, the structure of the Building or the safety of the Building and/or and its occupants; (ii) the Tenant's Work as shown on the Plans might impair would adversely affect Landlord’s 's ability to furnish services to Tenant or other tenants; (iii) the Tenant's Work would materially increase the cost of operating the BuildingBuilding (unless Tenant agrees to pay any such increased costs); (iv) the Tenant's Work would violate any governmental laws, rules or ordinances ordinances; (or interpretations thereof); v) the Tenant's Work contains or uses would require the use of hazardous or toxic materials or substances which are not customarily used material in any unlawful manner; (vi) the building trade; the Tenant's Work would adversely affect (A) the exterior appearance of the BuildingBuilding or (B) the interior appearance of the Building if visible from the common corridors or other common or public areas on any floor in which Tenant is not leasing the entire such floor as part of the Premises; or (vii) the Tenant's Work might materially would adversely affect another tenant’s 's premises; or the Work is prohibited by any mortgage or trust deed encumbering the Building. The foregoing reasons, however, shall not be exclusive of the reasons, reasons for which Landlord may withhold consent, whether or not such other reasons are similar or dissimilar to the foregoing. Landlord shall cooperate with Tenant by discussing or reviewing preliminary plans and specifications at Tenant's request prior to completion of the full, final detailed Plans in order to expedite the preparation of and the subsequent approval process concerning the final Plans. If Landlord notifies Tenant that changes are required to the final Plans submitted by Tenant, Tenant shall submit to Landlord, for its approval, the Plans amended in accordance with the changes so required. Landlord shall give its approval or disapproval (giving reasons in case of disapproval) of any such revised Plans within five (5) business days after their delivery to Landlord. The Plans shall also be revised, and the Tenant's Work shall be changed, all at Tenant’s cost and expense, to incorporate any work required in the Premises by any local governmental field inspector. Landlord’s 's approval of the Plans shall in no way be deemed to be (i) an acceptance or approval of any element therein contained which is in violation of any applicable statutes, laws, ordinances, regulations orders, codes, rules, regulations, building or fire codes or other governmental requirements, or (ii) an assurance that work done pursuant to the Approved Plans will comply with all applicable laws (or with the interpretations thereof) or satisfy Tenant’s objectives and needs.

Appears in 1 contract

Samples: Lease (FSP 303 East Wacker Drive Corp.)

PRE-CONSTRUCTION ACTIVITIES. (a) Prior to commencing any of the Tenant’s commencement of the Work, Tenant shall submit the following information and items to Landlord for Landlord’s review and approval:approval (which approval shall not be unreasonably withheld or delayed as described in Paragraph 3(b) below): (i) The names and addresses of Tenant’s contractors (and said the contractor’s subcontractorssubcontractors and vendors) and materialmen to be engaged by Tenant for the Tenant’s Work and of any construction manager proposed to be engaged by Tenant for the Tenant’s Work (individually, a “Tenant Contractor,” and collectively, “Tenant’s Contractors”). Landlord has the right to reasonably approve or disapprove all or any one or more of Tenant’s Contractors. Landlord may, at its election, designate a list of approved contractors for performance of those portions of work involving electrical, mechanical, plumbing, heating, air conditioning or life safety systems, from which Tenant must select its contractors for such designated portions of work. (ii) Certificates of insurance policies as hereinafter described. Tenant shall not permit Tenant’s Contractors to commence work until the required insurance has been obtained and certified copies of policies or certificates have been delivered to Landlord. (iii) The Plans (as hereinafter defined) for the Tenant’s Work, which Plans shall be subject to Landlord’s approval in accordance with Section 4(bParagraph 3(b) below. . (iv) Tenant will update such information and items by notice to Landlord of any material changes. Landlord shall promptly (or as otherwise required by this Workletter) review all submissions made by Tenant. (b) As used herein the term “Approved Plans” shall mean the Plans (as hereinafter defined), as and when approved in writing by Landlord. As used herein, the term “Plans” shall mean the full and detailed architectural and engineering plans and specifications covering the Tenant’s Work (including, without limitation, architectural, mechanical mechanical, electrical, and electrical plumbing working drawings for the Tenant’s Work). The Plans shall include drawings and specifications relating to the telecommunications and related equipment and HVAC facilities and requirements to be installed to or to service Tenant’s computer/telecommunications room(s). The Plans shall include the minimum information shown on Attachment 1 attached hereto and incorporated herein. Subject to Landlord’s payment of the Allowance, Tenant shall pay all costs and expenses of preparing the Plans. The Plans shall be subject to Landlord’s approval (not to be unreasonably withheld or delayed, as hereinafter described) and the approval of all local governmental authorities requiring approval of the work and/or the Approved Planapproval, if any. Landlord shall give its approval or disapproval (giving general reasons in case of disapproval) of the Plans within ten seven (107) business days after their delivery to Landlord. Landlord agrees not to unreasonably withhold its approval of said Plans; provided, however, that Landlord shall not be deemed to have acted unreasonably if it withholds its approval of the Plans consent because, in Landlord’s reasonable opinion: (i) the Tenant’s Work as shown in the Plans is likely to adversely affect Building systems, the structure of the Building or the safety of the Building and/or and its occupants; (ii) the Tenant’s Work as shown on the Plans might impair would adversely affect Landlord’s ability to furnish services to Tenant or other tenants; (iii) the Tenant’s Work would increase the cost of operating the Building; (iv) the Tenant’s Work would violate any governmental laws, rules or ordinances ordinances; (or interpretations thereof); v) the Tenant’s Work contains or uses would require the use of hazardous or toxic materials or substances which are not customarily used material in any unlawful manner; (vi) the building trade; the Tenant’s Work would adversely affect the appearance of the Building; or (vii) the Tenant’s Work might materially would adversely affect another tenant’s premises; or the Work is prohibited by any mortgage or trust deed encumbering the Building. The foregoing reasons, however, shall not be exclusive of the reasons, reasons for which Landlord may withhold consent, whether or not such other reasons are similar or dissimilar to the foregoing. If Landlord fails to give its approval or disapproval within said seven (7) business day period, and if Tenant sends a second written request for approval of Plans which states conspicuously, “YOUR FAILURE TO RESPOND TO THIS REQUEST WILL RESULT IN A DEEMED APPROVAL OF THE SUBMITTED PLANS,” and if Landlord fails to respond to said second request within five (5) business days after receipt thereof, then Landlord shall be deemed to have approved the Plans which were submitted with the initial request. Landlord shall cooperate with Tenant by discussing or reviewing preliminary plans and specifications at Tenant’s request prior to completion of the full, final detailed Plans in order to expedite the preparation of and the subsequent approval process concerning the final Plans. If Landlord notifies Tenant that changes are required to the final Plans submitted by Tenant, Tenant shall submit to Landlord, for its approval, the Plans amended in accordance with the changes so required. Such submission of revised Plans shall be accompanied by a written point by point response from Tenant specifically responding to any disapprovals or other responses delivered by Landlord to Tenant. Landlord shall give its approval or disapproval (giving reasons in case of disapproval) of any such revised Plans within five (5) business days after their delivery to Landlord. The Plans shall also be revised, and the Tenant’s Work shall be changed, all at Tenant’s cost and expense, to incorporate any work required in the Premises by any local governmental field inspector. The Plans shall be prepared at Tenant’s sole cost and expense, and Tenant shall pay all fees and costs for the Plans; provided, however, Landlord shall reimburse Tenant an amount equal to $.08 per square foot of the Rentable Area of the Phase I Premises initially, and subsequently, the Phase II Premises, and subsequently thereafter, the Phase III Premises, towards Tenant’s cost for the Plans. Such reimbursement shall be paid within thirty (30) days after Landlord’s receipt of Tenant’s request therefor accompanied by documentation evidencing Tenant’s payment of such costs. Tenant shall use reasonable efforts to utilize MEP and structural engineering drawing consultants recommended by Landlord for all design and engineering services necessary for preparation of the Plans. Landlord shall provide to Tenant CAD base sheets of all “as built” drawing (to the extent such CAD base sheets are in Landlord’s possession). Landlord’s approval of the Plans Plans, or any revisions thereto, shall in no way constitute a representation or warranty by Landlord as to the adequacy or sufficiency of such Plans, or any revisions thereto or the improvements to which they relate for any use, purpose or condition, or be deemed to be (i) an acceptance or approval of any element therein contained which is in violation of any applicable statutes, laws, ordinances, regulations orders, codes, rules, regulations, building or fire codes or other governmental requirements. Tenant shall have no authority to deviate from the Plans in performance of the Work, except as authorized by Landlord and its designated representative in writing. Tenant shall reimburse Landlord, as additional rent under the lease: (i) for Landlord’s architectural and engineering costs with respect to Tenant’s pre-construction activities and Landlord’s review and approval of the Plans, or any revisions thereto, and as may otherwise arise out of or be in connection with, Tenant’s performance of Tenant’s Work (which costs shall not exceed $10,000.00 in the aggregate); (ii) an assurance for Landlord’s cost to pay overtime to Landlord’s employees and contractors; and (iii) keying charges. (c) No Tenant’s Work shall be undertaken or commenced by Tenant in the Premises until: (i) The Plans for the Premises have been submitted to and approved by Landlord (which approval shall not be unreasonably withheld or delayed as provided in Paragraph 3(b) hereinabove). (ii) All necessary building permits have been obtained by Tenant (or, in the alternative, until Tenant has filed for all necessary building permits and has documented proof thereof from Will County, Illinois, so long as Tenant is using all reasonable efforts to obtain the same as soon as reasonably practicable; provided that work done pursuant such Tenant’s Work may only so proceed on the basis of filings for applicable permits, as opposed to actual issuance of the Approved Plans will comply same, if fully lawful to do so and if consistent with the practices at Comparable Buildings, and Tenant shall remain fully and solely responsible for compliance with all applicable laws (or with the interpretations thereof) or satisfy relating to Tenant’s objectives Work and needsthe performance of Tenant’s Work throughout the entire performance of Tenant’s Work hereunder and shall cease performance of Tenant’s Work if Will County or other applicable governmental authority at any time does not allow construction to proceed without full building permit issuance). (iii) All required insurance coverages have been obtained by Tenant, it being understood that failure of Landlord to receive evidence of such coverage upon commencement of the Tenant’s Work shall not waive Tenant’s obligations to obtain such coverages. (iv) Items required to be submitted to Landlord prior to commencement of construction of the Tenant’s Work have been so submitted and have been approved, where required (which approval shall not be unreasonably withheld or delayed, as provided herein).

Appears in 1 contract

Samples: Office Lease (Ulta Salon, Cosmetics & Fragrance, Inc.)

PRE-CONSTRUCTION ACTIVITIES. (a) Prior to Tenant’s commencement of On or before the Workdate Tenant commences its construction, Tenant shall submit the following information and items to Landlord for Landlord’s review and approval: (i) A detailed critical path construction schedule containing the major components of the Tenant’s Work and the time required for each, including the scheduled commencement date of construction of the Tenant’s Work, milestone dates and the estimated date of completion of construction. (ii) An itemized statement of estimated construction cost, including fees for permits and architectural and engineering fees. (iii) Evidence satisfactory to Landlord in all aspects of Tenant’s ability to pay the cost of the Tenant’s Work as and when payments become due. (iv) The names and addresses of Tenant’s architect (“Tenant’s Architect”) and of the contractors (and said contractor’s contractors’ subcontractors) and materialmen to be engaged by Tenant for the Tenant’s Work (individually, individually a “Tenant Contractor,” and collectively, collectively “Tenant’s Contractors”). All Tenant’s Contractors must be licensed and approved to perform work in the City of Chicago. Landlord has the right to reasonably approve or disapprove all or any one or more of Tenant’s Architect and Tenant’s Contractors. Landlord may, at its electionwhich approval shall not be unreasonably withheld or delayed, and to designate a list of approved contractors and/or approve the engineer to be engaged to prepare engineering plans and specifications (if applicable) for performance of those portions of work involving electrical, mechanical, plumbing, heating, air conditioning or life safety systems, from which Tenant must select its contractors for such designated portions of workthe Tenant’s Work. (iiv) Certificates Certified copies of insurance policies or certificates of insurance as hereinafter described. Tenant shall not permit Tenant’s Contractors to commence work until the required insurance has been obtained and certified copies of policies or certificates have been delivered to Landlord. (iiivi) Payment and performance bonds for all of Tenant’s Contractors naming Landlord (or an agent, designee or representative appointed by Landlord’s written notice to Tenant given prior to Tenant’s procurement of paid bonds) as a dual obligee. (vii) The Plans (as hereinafter defined) for the Tenant’s Work, which Plans shall be subject to Landlord’s approval in accordance with Section 4(bParagraph 2(b) below. Tenant will update such information and items by notice to Landlord of any changes. (b) As used herein the term “Approved Plans” shall mean the Plans (as hereinafter defined), as and when approved in writing by Landlord. As used herein, the term “Plans” shall mean the full and detailed architectural and engineering plans and specifications covering the Tenant’s Work (including, without limitation, architectural, mechanical and electrical working drawings for the Tenant’s Work). The Plans shall be subject to Landlord’s approval and the approval of all local governmental authorities requiring approval of the work Tenant’s Work and/or the Approved PlanPlans. Landlord shall give its approval or disapproval (giving general reasons in case of disapproval) of the Plans within ten fifteen (1015) business days after their delivery to Landlord. Landlord agrees not to unreasonably withhold its approval of said Plans; provided, however, that Landlord shall not be deemed to have acted unreasonably if it withholds its approval of the Plans because, in Landlord’s reasonable opinion: the Tenant’s Work as shown in the Plans is likely to adversely affect Building systems, the structure of the Building or the safety of the Building and/or its occupants; the Tenant’s Work as shown on the Plans might impair Landlord’s ability to furnish services to Tenant or other tenants; the Tenant’s Work would increase the cost of operating the Building; the Tenant’s Work would violate any governmental laws, rules or ordinances (or interpretations thereof); the Tenant’s Work contains or uses hazardous or toxic materials or substances which are not customarily used in the building tradesubstances; the Tenant’s Work would adversely affect the appearance of the Building; the Tenant’s Work might materially adversely affect another tenant’s premises; or the Tenant’s Work is prohibited by any mortgage or trust deed encumbering the Building. The foregoing reasons, however, shall not be exclusive of the reasons, reasons for which Landlord may withhold consent, whether or not such other reasons are similar or dissimilar to the foregoing. If Landlord notifies Tenant that changes are required to the final Plans submitted by Tenant, Tenant shall shall, within three (3) business days thereafter, submit to Landlord, for its approval, the Plans amended in accordance with the changes so required. The Plans shall also be revised, and the Tenant’s Work shall be changed, all at Tenant’s cost and expense, to incorporate any work required in the Premises by any local governmental field inspector. Landlord’s approval of the Plans shall in no way be deemed to be (i) an acceptance or approval of any element therein contained which is in violation of any applicable laws, ordinances, regulations or other governmental requirements, or (ii) an assurance that work done pursuant to the Approved Plans will comply with all applicable laws (or with the interpretations thereof) or satisfy Tenant’s objectives and needs.or

Appears in 1 contract

Samples: Retail Lease (Midwest Banc Holdings Inc)

PRE-CONSTRUCTION ACTIVITIES. (a) Prior Landlord, at Tenants option and Landlord’s sole cost, shall cause its architect to prepare a full and detailed space plan and working drawings for the Work (the “Plans”). Tenant shall cooperate with Landlord and Landlord’s architect to prepare the Plans and shall promptly (and in no event more than 5 business days after request by Landlord) furnish such additional information or documentation as Landlord may reasonably request to enable Landlord’s architect to complete the Plans. Further, Tenant shall cooperate with Landlord and Landlord’s architect to perform test fits in order to determine the preliminary costs of construction of the Work. Notwithstanding the foregoing, Tenant shall have the right, at Tenant’s commencement sole cost, to cause its architect to prepare the Plans. (b) Promptly following completion of the Plans and prior to commencing the Work, Tenant shall submit the following information and items to Landlord for Landlord’s review and approval: (i) A detailed critical path construction schedule containing the major components of the Work and the time required for each, including the scheduled commencement date of construction of the Work, milestone dates and the estimated date of completion of construction. (ii) An itemized statement of estimated construction cost, including fees for permits and architectural and engineering fees. (iii) The names and addresses of Tenant’s contractors (and said contractor’s subcontractors) and materialmen material men to be engaged by Tenant for the Work (individually, a “Tenant Contractor,” and collectively, “Tenant’s Contractors”). Landlord has the right to reasonably approve or disapprove all or any one or more of Tenant’s Contractors. Landlord may, at its election, designate a list of approved contractors for performance of those portions of work involving electrical, mechanical, plumbing, heating, air conditioning or life safety systems, from which Tenant must select its contractors for such designated portions of work. (iiiv) Certificates Certified copies of insurance policies or certificates of insurance as hereinafter described. Tenant shall not permit Tenant’s Contractors to commence work until the required insurance has been obtained and certified copies of policies or certificates have been delivered to Landlord. (c) No Work shall be undertaken or commenced by Tenant in the Premises until (i) Tenant has delivered, and Landlord has approved, all items set forth in Paragraph 2(b) above, (ii) all necessary building permits have been applied for and obtained by Tenant, and (iii) The Plans (as hereinafter defined) proper provision has been made by Tenant for payment in full of the cost of the Work, which Plans shall be subject is satisfactory to Landlord’s approval in accordance with Section 4(b) below. Tenant will update such information and items by notice to Landlord of any changes. (b) As used herein the term “Approved Plans” shall mean the Plans (as hereinafter defined), as and when approved in writing by Landlord. As used herein, the term “Plans” shall mean the full and detailed architectural and engineering plans and specifications covering the Work (including, without limitation, architectural, mechanical and electrical working drawings for the Work). The Plans shall be subject to Landlord’s approval and the approval of all local governmental authorities requiring approval of the work and/or the Approved Plan. Landlord shall give its approval or disapproval (giving general reasons in case of disapproval) of the Plans within ten (10) business days after their delivery to Landlord. Landlord agrees not to unreasonably withhold its approval of said Plans; provided, however, that Landlord shall not be deemed to have acted unreasonably if it withholds its approval of the Plans because, in Landlord’s reasonable opinion: the Work as shown in the Plans is likely to adversely affect Building systems, the structure of the Building or the safety of the Building and/or its occupants; the Work as shown on the Plans might impair Landlord’s ability to furnish services to Tenant or other tenants; the Work would increase the cost of operating the Building; the Work would violate any governmental laws, rules or ordinances (or interpretations thereof); the Work contains or uses hazardous or toxic materials or substances which are not customarily used in the building trade; the Work would adversely affect the appearance of the Building; the Work might materially adversely affect another tenant’s premises; or the Work is prohibited by any mortgage or trust deed encumbering the Building. The foregoing reasons, however, shall not be exclusive of the reasons, for which Landlord may withhold consent, whether or not such other reasons are similar or dissimilar to the foregoing. If Landlord notifies Tenant that changes are required to the final Plans submitted by Tenant, Tenant shall submit to Landlord, for its approval, the Plans amended in accordance with the changes so required. The Plans shall also be revised, and the Work shall be changed, all at Tenant’s cost and expense, to incorporate any work required in the Premises by any local governmental field inspector. Landlord’s approval of the Plans shall in no way be deemed to be (i) an acceptance or approval of any element therein contained which is in violation of any applicable laws, ordinances, regulations or other governmental requirements, or (ii) an assurance that work done pursuant to the Approved Plans will comply with all applicable laws (or with the interpretations thereof) or satisfy Tenant’s objectives and needs.

Appears in 1 contract

Samples: Office Lease (Wilshire Bancorp Inc)

PRE-CONSTRUCTION ACTIVITIES. (a) Prior to Tenant’s commencement of the beginning any Work, Tenant shall submit the following information and items to Landlord for Landlord’s review and approval: (i) itemized statement of estimated construction cost, including fees for permits and architectural and engineering fees. (ii) The names and addresses of Tenant’s contractors (and said contractor’s subcontractors) and materialmen to be engaged by Tenant for the Work (individually, a “Tenant Contractor,” and collectively, “Tenant’s Contractors”). Landlord has the right to reasonably approve or disapprove all or any one or more of Tenant’s Contractors. Landlord may, at its electionelection and within 15 days from the date hereof, designate a list of approved contractors for performance of those portions of work involving electrical, mechanical, plumbing, heating, air conditioning or life safety systems, from which Tenant must select its contractors for such designated portions of work. (iiiii) Certificates Certified copies of insurance policies or certificates of insurance as hereinafter described. Tenant shall not permit Tenant’s Contractors to commence work until the required insurance has been obtained and certified copies of policies or certificates have been delivered to Landlord. (iiiiv) The Plans (as hereinafter defined) for the Work, which Plans shall be subject to Landlord’s approval in accordance with Section 4(bParagraph 2(b) below. Tenant will update such information and items by notice to Landlord of any changes. (b) As used herein the term “Approved Plans” shall mean the Plans (as hereinafter defined), as and when approved in writing by Landlord. As used herein, the term “Plans” shall mean the full and detailed architectural and engineering plans and specifications covering the Work (including, without limitation, architectural, mechanical and electrical working drawings for the Work). The Plans shall be subject to Landlord’s approval and the approval of all local governmental authorities requiring approval of the work Work and/or the Approved PlanPlans. Landlord shall give its approval or disapproval (giving general reasons in case of disapproval) of the Plans within ten thirty (1030) business days after their delivery to Landlord. Landlord agrees not to unreasonably withhold its approval of said Plans; provided, however, that Landlord shall not be deemed to have acted unreasonably if it withholds its approval of the Plans because, in Landlord’s reasonable opinion: the Work as shown in the Plans is likely to adversely affect Building systems, the structure of the Building or the safety of the Building and/or its occupants; the Work as shown on the Plans might impair Landlord’s ability to furnish services to Tenant or other tenants; the Work would increase the cost of operating the Building; the Work would violate any governmental laws, rules or ordinances (or interpretations thereof); the Work contains or uses hazardous or toxic materials or substances which are not customarily used in the building tradesubstances; the Work would adversely affect the appearance of the Building; the Work might materially adversely affect another tenant’s premises; or the Work is prohibited by any mortgage or trust deed encumbering the Building. The foregoing reasons, however, shall not be exclusive of the reasons, reasons for which Landlord may withhold consent, whether or not such other reasons are similar or dissimilar to the foregoing. If Landlord notifies Tenant that changes are required to the final Plans submitted by Tenant, Tenant shall shall, within thirty (30) days thereafter, submit to Landlord, for its approval, the Plans amended in accordance with the changes so required. The Plans shall also be revised, and the Work shall be changed, all at Tenant’s cost and expense, which shall be included as part of Landlord’s Contribution under Paragraph 8(a), to incorporate any work required in the Premises by any local governmental field inspector. Landlord’s approval of the Plans shall in no way be deemed to be (i) an acceptance or approval of any element therein contained which is in violation of any applicable laws, ordinances, regulations or other governmental requirements, or (ii) an assurance that work done pursuant to the Approved Plans will comply with all applicable laws (or with the interpretations thereof) or satisfy Tenant’s objectives and needs.

Appears in 1 contract

Samples: Lease (Electronic Arts Inc)

PRE-CONSTRUCTION ACTIVITIES. (a) Prior to Tenant’s commencement commencing any of the Tenant's Work, Tenant shall submit the following information and items to Landlord for Landlord’s 's review and approvalapproval with respect thereto: (i) A detailed construction schedule containing the major components of the Tenant's Work and the time required for each, including the scheduled commencement date of construction of the Tenant's Work, milestone dates and the estimated date of completion of construction. (ii) An itemized statement of estimated construction costs, including permits and architectural and engineering fees. (iii) The names and addresses of Tenant’s 's contractors (and said the contractor’s subcontractors's subcontractors as well as any vendors who will be delivering materials directly to the Building site) and materialmen to be engaged by Tenant for the Tenant's Work and of any construction manager proposed to be engaged by Tenant for the Tenant's Work (individually, a “Tenant Contractor,” and collectively, "Tenant’s 's Contractors"). Landlord has the right to reasonably approve or disapprove all Tenant's Contractors, which approval shall not be unreasonably withheld or delayed. Landlord shall give its approval or disapproval of the proposed Tenant's Contractors designated by Tenant within ten (10) days after Tenant's submittal thereof to Landlord. Tenant shall not employ as Tenant's Contractors any one persons or more of entities so disapproved by Landlord. If Landlord has affirmatively approved only certain contractor(s) and/or subcontractor(s) from Tenant’s Contractors's list, Tenant shall employ as Tenant's Contractors only those persons or entities so approved. Landlord may, at its election, designate a list of approved contractors for performance of those portions of work involving affecting electrical, mechanical, plumbing, heating, air conditioning plumbing or life safety systemssystems ("Approved Building System Contractors"), from which Tenant must select its contractors for such designated portions work. Without limitation of workthe foregoing, Landlord hereby confirms that any of the contractors listed on Attachment 1(a) hereto will be an approved general contractor for Tenant to engage relative to the performance of the Tenant's Work and any of the contractors listed on Attachment 1(b) hereto shall be an Approved Building System Contractor for Tenant or the general contractor to engage for performance of work affecting electrical mechanical, plumbing or life safety systems. For purposes hereof, the term "life safety systems" shall include the Building's fire protection/sprinkler system, strobes, and speakers connected to the Building's annunciator panel. (iiiv) Certificates A written statement from Tenant, acting in its capacity as architect for the Tenant's Work, stating that Tenant has visited the site, inspected and verified existing conditions as such conditions affect the Plans and construction of the Tenant's Work. (v) Certified copies of insurance policies or certificates of insurance as hereinafter described. Tenant shall not permit Tenant’s 's Contractors to commence work until the required insurance has been obtained and certified copies of policies or certificates have been delivered to Landlord. (iiivi) The Plans (as hereinafter defined) for the Tenant's Work, which Plans shall be subject to Landlord’s 's approval in accordance with Section 4(bParagraph 3(b) below. Tenant will update such information and items by notice to Landlord of any changes. Landlord shall promptly (or as otherwise required by this Workletter) review all submissions made by Tenant. (b) As used herein the term “Approved "Plans" shall mean the Plans (as hereinafter defined), as and when approved in writing by Landlord. As used herein, the term “Plans” shall mean the full and detailed architectural and engineering plans and specifications covering the Tenant's Work (including, without limitation, architectural, mechanical mechanical, electrical, life safety, fire protection and electrical plumbing working drawings for the Tenant's Work). The Plans shall include the minimum information shown on Attachment 2 attached hereto and incorporated herein. Subject to the Allowance (as hereinafter defined), Tenant shall pay all costs and expenses of preparing the Plans. The Plans shall be subject to Landlord’s 's approval (not to be unreasonably withheld) and the approval of all local governmental authorities requiring approval of the work and/or the Approved Planapproval, if any. Landlord shall give its approval or disapproval (giving general reasons in case of disapproval) of the Plans within ten (10) business days after their delivery to Landlord. Landlord agrees not to unreasonably withhold its approval of said Plans; provided, however, that Landlord shall not be deemed to have acted unreasonably if it withholds its approval of the Plans consent because, in Landlord’s 's reasonable opinion: (i) the Tenant's Work as shown in the Plans is likely to adversely affect Building systems, the structure of the Building or the safety of the Building and/or and its occupants; (ii) the Tenant's Work as shown on the Plans might impair would adversely affect Landlord’s 's ability to furnish services to Tenant or other tenants; (iii) the Tenant's Work would increase the cost of operating the Building; (iv) the Tenant's Work would violate any governmental laws, rules or ordinances ordinances; (or interpretations thereof); v) the Tenant's Work contains or uses would require the use of hazardous or toxic materials or substances which are not customarily used material in any unlawful manner; (vi) the building trade; the Tenant's Work would adversely affect the appearance of the Building; or (vii) the Tenant's Work might materially would adversely affect another tenant’s 's premises; or the Work is prohibited by any mortgage or trust deed encumbering the Building. The foregoing reasons, however, shall not be exclusive of the reasons, reasons for which Landlord may withhold consent, whether or not such other reasons are similar or dissimilar to the foregoing. Landlord shall cooperate with Tenant by discussing or reviewing preliminary plans and specifications at Tenant's request prior to completion of the full, final detailed Plans in order to expedite the preparation of and the subsequent approval process concerning the final Plans. If Landlord notifies Tenant that changes are required to the final Plans submitted by Tenant, Tenant shall submit to Landlord, for its approval, the Plans amended in accordance with the changes so required. Such submission of revised Plans shall be accompanied by a written point by point response from Tenant specifically responding to any disapprovals or other responses delivered by Landlord to Tenant. Landlord shall give its approval or disapproval (giving reasons in case of disapproval) of any such revised Plans within five (5) business days after their delivery to Landlord. The Plans shall also be revised, and the Tenant's Work shall be changed, all at Tenant’s cost and expense, to incorporate any work required in the Premises by any local governmental field inspector. Landlord’s 's approval of the Plans shall in no way be deemed to be (i) an acceptance or approval of any element therein contained which is in violation of any applicable statutes, laws, ordinances, regulations orders, codes, rules, regulations, building or fire codes or other governmental requirements. (c) Upon Landlord's approval of the Plans, at Tenant's express written request, Landlord shall designate in writing any affixed appurtenances which are part of Tenant's Work which Tenant shall be required to remove upon the expiration of the Lease. Any such agreement entered into in writing by Landlord shall be binding on Landlord at expiration of the Lease. (d) No Tenant's Work shall be undertaken or commenced by Tenant in the Premises until: (i) The Plans for the Premises have been submitted to and approved by Landlord (which approval shall not be unreasonably withheld or delayed as provided in Section 3(b) hereinabove). (ii) an assurance All necessary building permits have been obtained by Tenant. (iii) All required insurance coverages have been obtained by Tenant, it being understood that work done pursuant failure of Landlord to receive evidence of such coverage upon commencement of the Approved Plans will comply with all applicable laws Tenant's Work shall not waive Tenant's obligations to obtain such coverages. (or with iv) Items required to be submitted to Landlord prior to commencement of construction of the interpretations thereof) or satisfy Tenant’s objectives 's Work have been so submitted and needshave been approved, where required.

Appears in 1 contract

Samples: Lease (FSP 303 East Wacker Drive Corp.)

PRE-CONSTRUCTION ACTIVITIES. (a) On or before the commencement of the Work, Tenant shall submit the Plans (as hereinafter defined) for the Work, which Plans shall be subject to Landlord’s approval in accordance with Paragraph 3(b) below. Prior to Tenant’s commencement of the Work, Tenant shall submit the following information and items to Landlord for Landlord’s review and approval: (i) A budget (the “Budget”) and an itemized statement of estimated construction and other costs (as such figure may be revised to reflect actual costs, the “Costs”), including all soft costs and all fees for permits and architectural and engineering fees and a reasonable contingency reserve. (ii) The names and addresses of Tenant’s contractors (and said contractor’s subcontractors) and materialmen to be engaged by Tenant for the Work (individually, a “Tenant Contractor,” and collectively, “Tenant’s Contractors”). Landlord has the right to reasonably approve or disapprove all or any one or more Each of Tenant’s ContractorsContractors shall be subject to the prior written approval of Landlord, which approval shall not be unreasonably withheld if such contractor complies with Landlord’s reasonable criteria and is duly qualified to perform the Work. Landlord may, at its election, designate provide a list of approved contractors for performance of those portions of work involving electrical, mechanical, plumbing, heating, air conditioning or life safety systems, from which Tenant must may select its contractors or subcontractors for such designated portions of workwork and such contractors or subcontractors will be included in Tenant’s bid process. (iiiii) Certificates Certified copies of insurance policies or certificates of insurance as hereinafter described. Tenant shall not permit Tenant’s Contractors to commence work until the required insurance has been obtained and certified copies of policies or certificates have been delivered to Landlord. (iii) The Plans (as hereinafter defined) for the Work, which Plans shall be subject to Landlord’s approval in accordance with Section 4(b) below. Tenant will update such information and items by notice to Landlord of any changeschanges thereto. (b) As used herein the term “Approved Plans” shall mean the Plans (as hereinafter defined), as and when approved in writing by Landlord. As used herein, the term “Plans” shall mean the full and detailed architectural and engineering plans and specifications covering the Work (including, without limitation, all items for which the Landlord’s Contribution is to be used and all architectural, mechanical and electrical working drawings for the Work). The Plans shall be subject to Landlord’s reasonable approval as provided herein and to the approval of all local governmental authorities requiring approval of the work and/or the Approved PlanPlans. Landlord shall give its approval or disapproval respond to Tenant’s submission of the Plans (giving general detailed reasons in case of disapproval) of the Plans within ten seven (107) business days after their delivery to Landlord. Landlord agrees not to unreasonably withhold its approval of said Plans; provided, however, that Landlord shall not be deemed to have acted unreasonably if it withholds its approval of the Plans because, in Landlord’s reasonable opinion: the Work as shown in the Plans is substantially likely to adversely affect Building systems, the structure of the Building or the safety of the Building and/or its occupants; the Work as shown on the Plans might impair Landlord’s ability to furnish services to Tenant or other tenants; the Work would increase the cost of operating the Building; the Work would violate any governmental laws, rules or ordinances Laws (or interpretations thereof); the Work is not in accordance with then-current Building standards; the Work contains or uses hazardous or toxic materials or substances which are not customarily used in the building tradesubstances; the Work would adversely affect the appearance of the Building; or the Work might materially adversely affect another tenant’s premises; or the Work is prohibited by any mortgage or trust deed encumbering the Building. The foregoing reasons, however, shall not be exclusive of the reasons, reasons for which Landlord may withhold consent, whether or not such other reasons are similar or dissimilar to the foregoing. If Landlord notifies Tenant that changes are required to the final Plans submitted by Tenant, Tenant shall prior to commencement of any Work, submit to Landlord, for its approval, the Plans amended in accordance with the changes so required. Landlord shall respond to Tenant’s submission of such amended Plans within seven (7) business days of receipt, it being agreed that Landlord’s approval thereto shall be limited to those items to which Landlord had objected pursuant to the prior submission of the Plans. Such procedure for review with respect to any further objections to the Plans by Landlord shall continue until the Plans are finally approved by Landlord. If Landlord fails to respond to any request for approval of Plans within the time period provided herein, Tenant shall send a further notice to Landlord with the following typed in bold face type in a clearly visible location on the outside of the notice: “THIS CONTAINS PLANS SUBMITTED TO LANDLORD PURSUANT TO A LEASE. LANDLORD’S FAILURE TO RESPOND IN WRITING WITHIN THREE (3) BUSINESS DAYS SHALL BE DEEMED TO CONSTITUTE LANDLORD’S APPROVAL OF SUCH PLANS.” If Landlord fails to respond within three (3) business days after receipt of such second notice, Landlord shall be deemed to have approved the Plans as submitted. The Plans shall also be revised, and the Work shall be changed, all at Tenant’s cost and expenseexpense (but payable from Landlord’s Contribution), to incorporate any work required in the New Premises by any local governmental field inspector. Landlord’s approval of the Plans shall in no way be deemed to be (i) an acceptance or approval of any element therein contained which is in violation of any applicable laws, ordinances, regulations or other governmental requirementsLaws, or (ii) an assurance that work done pursuant to the Approved Plans will comply with all applicable laws Laws (or with the interpretations thereof) or satisfy Tenant’s objectives and needs.

Appears in 1 contract

Samples: Office Lease (Huron Consulting Group Inc.)

Draft better contracts in just 5 minutes Get the weekly Law Insider newsletter packed with expert videos, webinars, ebooks, and more!